HR Advice

[Anonymous]

Ok here goes. 19 weeks pregnant, boss does not know and was planning to tell after performance review scheduled next week although my one year anniversary isn't till April. Baby is due late June. I work from home but just saw my boss yesterday....luckily I do not look pregnant. This is pretty rare and last time i saw my boss was last year May. So here's the kicker....the account I'm on is pretty slow. They want to move me to a new account that is only a 3 month project starting in March and my current boss will not be my boss but a new manager I have never worked with. So now I'm totally confused as to when I spill the beans. I was treading lightly and not wanting to tell so soon b/c one I didn't want them to think my pregnancy would affect my performance, and two this is a new company so I don't know how they roll. Since I am virtual I'm not privy to office chatter and gossip. In any case I did hear that they do not offer FMLA for their virtual employees who are outside a 75 mile radius which I feel is 100% wrong because my home is not a place of buisness and the law recognizes that corporate would be my my place of buisness because that is where all my assignments originate. Anyway I'm so confused and don't know when to tell and don't want to seem like I'm hiding something but at the same time I'm trying to protect myself and job. It doesn't seem fair for the new manager to find out a month into the project. Please what should I do.....FTM, and mid career professional.

[Anonymous]

Tell them you are pregnant. Stop trying to cushion the blow. The baby is inevitable. Either have a call with your boss next week or wait til your review.

The 3month project may be ideal. March -June = awesome.

You are either eligible for FMLA or not. Your company cannot interpret it differently than it reads.

Read the rules here: http://www.dol.gov/dol/topic/benefits-leave/fmla.htm
Works at a location where the employer has at least 50 employees within 75 miles.


Do you meet the criteria for FMLA?

[Anonymous]

I agree-- I would either tell at the performance review, or even sooner if it's potentially relevant to the new assignment.

What is their maternity leave policy? I agree that you should come under the telecommuting provision of FMLA (29 CFR 825.111(a)(2)) but do you need to push that? Are looking for more unpaid leave than they will offer you?

[Anonymous]

OP, can you call your HR and tell them you'd like to discuss their maternity leave policies for planning purposes. Tell them your job title and how much leave you would plan to take. You do not have to reveal you are currently pregnant. Ask if there is a handbook or a link to a website.

[Anonymous]

Op here. I know what benefits I am entitled to however I specifically remember during onboarding they said "virtual employees working 75 miles or more from corporate (in Wisconsin) would not be eligible". I know they are wrong and my home in Virginia does not qualify as a business. My manager works at corporate and get all my directions from him. Because of what I heard during orientation has lead me to proceed very cautiously. I guess they try to brain wash their virtual staff into PLOA (personal leave - no guarantee of job or salary) instead of FMLA. Also cautious because I am not eligible for FMLA until April.

[Anonymous]

I just want 12 weeks and a guarantee of job and pay

[Anonymous]

Anonymous wrote:Op here. I know what benefits I am entitled to however I specifically remember during onboarding they said "virtual employees working 75 miles or more from corporate (in Wisconsin) would not be eligible". I know they are wrong and my home in Virginia does not qualify as a business. My manager works at corporate and get all my directions from him. Because of what I heard during orientation has lead me to proceed very cautiously. I guess they try to brain wash their virtual staff into PLOA (personal leave - no guarantee of job or salary) instead of FMLA. Also cautious because I am not eligible for FMLA until April.

Generally speaking, if you give them the information that makes it clear you could qualify for FMLA, you don't need to explicitly claim it as FMLA. If you are just worried about your job not being there when you get back, it might be possible to cross that bridge when you get there.

[Anonymous]

Yea sue the pants off of them if you find yourself without a job or in a position that was not equivalent to salary and responsibilities

[Anonymous]

Anonymous wrote:Op here. I know what benefits I am entitled to however I specifically remember during onboarding they said "virtual employees working 75 miles or more from corporate (in Wisconsin) would not be eligible". I know they are wrong and my home in Virginia does not qualify as a business. My manager works at corporate and get all my directions from him. Because of what I heard during orientation has lead me to proceed very cautiously. I guess they try to brain wash their virtual staff into PLOA (personal leave - no guarantee of job or salary) instead of FMLA. Also cautious because I am not eligible for FMLA until April.

I honestly think you might end up making things worse by being cagey. You need to go ahead and tell your supervisor now. You need to have a conversation with HR, where you politely point out that their interpretation of FMLA is incorrect.