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FMLA question - Taking mat leave early
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Anonymous
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My company does not have their own maternity leave policy however I qualify for DC FMLA. Therefore, I get 16 weeks unpaid leave. I would prefer to take 3-4 weeks prior to the birth as part of my 16 weeks. I am being told that I cannot do so and I need a valid medical code (such as high blood pressure or something that would lead me to be unable to work). But I cannot just request to take the first portion of the leave "just because" or in my mind for preparation and because I work in a high stress environment.
Does anyone have any information or knowledge about this? Is this accurate or are there loop holes. How does one take maternity leave early? |
Anonymous
| Get a note from your OB stating that you can no longer work and need to be out (e.g., along the lines of short-term disability) and you'll be all set. |
Anonymous
| I understand but I am still being told that there needs to be a medical reason for why I can't work, else my company has the right to request medical proof. I didn't think it would be so complicated but apparently it is. Both my company and my doctor said this. My ob, however, primarily works with MD patients, so I take most things he said related to the DC law with a grain of salt. |
Anonymous
| I think that's right-- you can't just say you want time off. If you don't need the leave for medical reasons (and your dr. isn't willing to say that you need the leave medically) then you are not entitled to take it. I'm not sure why it matters to your office when you take your 16 weeks, but then I'm more of the "work up until your due date" school anyway. |
Anonymous
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I think most OBs would be able to find a reason why a particular woman shouldn't be working the last few weeks of pregnancy, but they probably can't promise it ahead of time, if that makes any sense. Because in theory pregnancy is not a medical disability in and of itself, so you can't just go and schedule some time off for medical reasons ahead of the birth, until you actually know what the medical reason is.
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Anonymous
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http://www.smh.com.au/lifestyle/lifematters/study-shows-benefits-of-early-maternity-leave-20090407-9x1a.html
Women who start maternity leave at least a month before their baby is born are less likely to have a caesarean delivery according to US researchers, who also found mothers who delay their return to work breastfeed for longer. The findings, in two separate studies from the University of California, Berkeley, add weight to the push for extended paid maternity leave. The first study, which appears in the Women's Health Issues journal this month, found women who took at least a month off work before the birth were four times less likely to have a caesarean delivery because they were less tired and anxious. They were also more likely to carry to term, especially for women who had stressful jobs. |
Anonymous
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What you're being told agrees with what I understand about FMLA. Your employer has a right to ask for medical documentation.
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Anonymous
| Do you maybe have vacation days you can take? That would make it easier than taking FMLA prior to the birth... |
Anonymous
Thanks for your responses. They have been helpful. I think I most agree that my doctor can probably find something to code without it being fraud but can't say it ahead of time since that'd be sketchy on his part. I'm certainly not trying to do anything illegal! As far as vacation days, I do have them but I earn them as I go so I can't use them ahead of time if that makes sense, and I don't have enough to comprise 3 weeks worth  . I'll just have to basically go with the flow I suppose.
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Anonymous
| PP, If you are having a hard time from your employer then you should make it clear that this FMLA leave is SEPARATE from the leave you are taking when your child is born. In the District, expecting mothers may take FMLA for their own health condition and again have it re-set to take for the care of the newborn. You can consult any labor law attorney that will tell you the same thing. Just tell your doc that you are having increased pain when walking and have to take the metro to work since you don't have a car. They'll give you the two weeks bedrest. There was a post about separating the fmla for pregnancy and caring for a newborn on this forum awhile back so you should look it up if you need more info. |
Anonymous
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I will look for previous posts, but I'm interested in your comment "that this FMLA leave is SEPARATE from the leave you are taking when your child is born." I'm wondering how that impacts me.
"In the District, expecting mothers may take FMLA for their own health condition..." Are you saying that if there IS a medical condition related to the pregnancy, that should not count towards my 16 weeks...the 16 weeks should begin from date of birth and if there is some reason I need to leave beforehand, that is also FMLA but not for child care? Or would the medical condition just be short-term disability? Sorry, just trying to get this all straight. |
Anonymous
I had the same thought. You can't take FMLA (or STD) w/o a medical reason and "getting prepared and resting before baby" doesn't count. It's called using your vacation days. |
Anonymous
Yes, you can basically take your FMLA twice so to speak. The first time, for a real medical condition related to your pregnancy. Then, your next 16 weeks will begin when the baby is born. That way, you aren't cutting into the time you spend with your baby. If you aren't getting enough paid leave but can afford to take the maximum time off that you are protected by law then this is the way to go. I took the two weeks off prior to DD being born and I'm so glad I did. Good luck and Congrats! |
Anonymous
| PP here again. It doesn't matter if it's disability or not. You are still covered under FMLA, separately, for both your own medical condition and secondly to care for the child after birth. Since FMLA allows you to take time off at any time during the first year of the child's life, you don't even have to be eligible when the baby is born. If let's say, you don't meet the requirements until the baby is 3 months old, you can take your FMLA at that time. The only catch is that it can't be intermittent so once you take it, you can't break it up. I know this doesn't apply to you but I'm sure many expecting moms out there don't realize this. My company is very generous with maternity leave and we give all of our employees this info up front so that they can maximize their time with the baby. |
Anonymous
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Yes, in DC you can take up to 32 weeks total for pregnancy and birth of a child (16 for the medical portion and 16 for the bonding/family time). Most people don't end up qualifying for 16 weeks of medical leave related to pregnancy, but it is available if you do (eg. bed rest prior to birth).
http://www.dcbar.org/for_lawyers/sections/labor_and_employment_law/fmla01.cfm |