PSA on DC FMLA

[Anonymous]

I don't know if anyone can answer this question...

But if I'm giving birth a few months before I become eligible for DC FMLA, does anyone know if that means I can take DC FMLA time exactly when I hit my one-year anniversary with the company? Is there any way the company could deny that, and would I still need to get a doctor to certify that I'm unable to work for that time?

I was looking at the DC law and it looked like I should be able to take that time as long as the baby is less than 1 year old, but I'm just afraid that HR is going to be like "Well you already had your baby, so no you can't take it unless you have certification from your doctor that you medically need it."

[Anonymous]

Anonymous wrote:I don't know if anyone can answer this question...

But if I'm giving birth a few months before I become eligible for DC FMLA, does anyone know if that means I can take DC FMLA time exactly when I hit my one-year anniversary with the company? Is there any way the company could deny that, and would I still need to get a doctor to certify that I'm unable to work for that time?

I was looking at the DC law and it looked like I should be able to take that time as long as the baby is less than 1 year old, but I'm just afraid that HR is going to be like "Well you already had your baby, so no you can't take it unless you have certification from your doctor that you medically need it."

2. Eligible Employees
To qualify for DCFMLA family and medical leave, an employee must have (1) been employed by the employer for at least one year without a break in service and (2) worked for at least 1,000 hours (an average of 19 hours per week) during the 12-month period immediately preceding the requested medical leave. Id. § 32-501(1).

I guess it will depend on what defines a "break in service." If you're going out on STD for your maternity leave, they might count that as a "break."

b. Family Leave
Family leave may be taken for the birth, foster care placement, or adoption of a child or to care for the serious health condition of a family member. Leave for birth or adoption must be taken within twelve months of the birth or placement of the child with the employee. D.C. Code § 32-502 (2001).

http://www.dcbar.org/for_lawyers/sections/labor_and_employment_law/fmla01.cfm

[Anonymous]

Anonymous wrote:I don't know if anyone can answer this question...

But if I'm giving birth a few months before I become eligible for DC FMLA, does anyone know if that means I can take DC FMLA time exactly when I hit my one-year anniversary with the company? Is there any way the company could deny that, and would I still need to get a doctor to certify that I'm unable to work for that time?

I was looking at the DC law and it looked like I should be able to take that time as long as the baby is less than 1 year old, but I'm just afraid that HR is going to be like "Well you already had your baby, so no you can't take it unless you have certification from your doctor that you medically need it."

It would be up to the company. There is no requirement under FMLA or DCFMLA that they grant you any leave at all at the time of the birth, if you are not in fact eligible for such leave. Their policies may exceed the legal requirements and, in that case, if you become eligible during the leave period, you may have a legal right to return to your job. Either way, I would strongly suggest talking with your company to figure out their position, and your options, before your leave. While you are entitled to know and exercise your rights, you should be sensitive to not being viewed as gaming the system in any way. To go out on STD, then "touch base" only to request 16 more weeks could be viewed as disruptive and/or unprofessional. (Not that I am suggesting you would do this, just that it should be avoided.)

[Anonymous]

BUMP

[Anonymous]

OP - Thank you SO much for posting this.

I also just want to say that the Federal maternity leave situation is BOGUS. It makes me shaking mad to think about.

[Anonymous]

Anonymous wrote:OP - Thank you SO much for posting this.

I also just want to say that the Federal maternity leave situation is BOGUS. It makes me shaking mad to think about.

Agreed!

[Anonymous]

bump

[Anonymous]

Bump!

[Anonymous]

Any advice for this situation?

I am employed in DC and will be taking maternity leave this year. If I have a routine pregnancy and delivery, can I still take back-to- back medical leave (16 weeks) and family leave (16 weeks, part continuous and part occasional days taken off during the first year of my baby's life)? How much of a routine maternity leave is considered "medical" in nature? Would I have to have a doctor's note saying I couldn't work due to medical reasons for x number of weeks or is all of maternity leave classified as medical?

Also, are all of my benefits (insurances, 401k contributions, etc.) required to be provided to me by my employer during the FMLA?

TIA!

[Anonymous]

Your medical leave would be either 6 weeks if you have a vaginal birth or 8 weeks if you have a c-section. Everything else is considered family leave.

[Anonymous]

Thanks! Any info re: benefits protection?

[Anonymous]

When does the 24 months (to get 16+16, if qualified) start? Is it from when you return to work from, say, the first child? Or from when the leave started the first time?

[Anonymous]

Bumping this thread because of several questions about being able to take more than 16 weeks in DC. First two pages are particularly helpful for anyone confused about the law.

[Anonymous]

Bump.

[Anonymous]

Thanks for the bump. Now, this makes me wonder if STD is part of the 16 weeks of DCFMLA?

Foe example, I had a vaginal birth for which I was entitled to 6 weeks STD. Afterward, I will take 10 weeks of DCFMLA. For a total of 16 weeks. My HR person says that STD is counted as part of DCFMLA. Is this correct?

Have someone experienced this situation during maternity leave?