FMLA and PTO
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Anonymous
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FMLA question here for someone who has PTO (vs separate sick/annual leave). My company requires that you use your PTO while taking FMLA time. Because we have a 1 week waiting period before 5 weeks of disability kicks in, this means that I will quickly run through all my PTO. After that, I will be able to take Leave Without Pay (LWOP). Until my child turns one, I will be able to use intermittent FMLA to cover work absences. However, I will also get to one year from birth with no PTO left. I then am allowed to go negative for 40 hours if needed to cover my illness, religious observances, or a child's illness (hopefully my DH will be able to do most of this) but it seems like I am now doomed to have no way to accumulate PTO, and thus no way to take any time off for any "discretionary" reason. My company has said I am not allowed to take LWOP outside of FMLA.
Have other people been in the same boat? If so, what did you do? If I could take LWOP I'd be fine with that for one or two weeks, but I am not even allowed to do that! Telework will help a little, but it can only go so far. |
Anonymous
| That sounds reasonable. That is pretty normal. |
Anonymous
| DH was in this situation after DD was born. He basically had a full year after his paternity leave where he couldn't take any time off. It sucked but it was what it was and we thought him taking paternity leave was important enough to make the sacrifice. For us, it was worth it. |
Anonymous
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Yeah this is normal. And it sucks- you’re not legally entitled to more time off even unpaid through fMLA.
Is your employer based in the district? If so you may be eligible for DC FMLA which guarantees up to 16 weeks of medical and up to 16 weeks for family bonding. |
Anonymous
| As far as your company is concerned, your maternity leave is discretionary. Yet another way this country makes it clear that children are a PITA and not the whole point of creating civilization in the first place. |
Anonymous
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Same boat.
My DH also planned on covering all pediatrician appointments and would take off when baby was sick. EXCEPT I got sick nonstop the first winter. I was sick so much and so often that I thought I was going to lose my job. Sick for at least a week a month  I just came to work sick. If they don't have policies to allow moms to have sick leave after maternity leave, this is what happens.
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Anonymous
| OP here: I was a bit shocked to learn about all of this, since my company claimed to be so family friendly. I would hardly call this a family friendly policy. But I was especially surprised to find out that I couldn't take off LWOP. That costs them almost nothing (I am a contractor to another organization, who is fine with me taking LWOP). I work in the district, but taking off more FMLA time won't solve my problem past year 1. |
Anonymous
PP here. I too would rather take LWOP and then still have annual leave left afterwards. It means no holidays with your extended family or the Friday after Thanksgiving even. |
Anonymous
| Do you have to use all your pro during Fula? Fula just saves your job for you. The way you get paid or not is up to your company. I would take all lwop during maternity leave and save your pto for after you come back. Any short term disability? |
Anonymous
And I don't read about short term disability thing. It's all Pretty standard except the requirement to take your pto. I did similar and saved a week of vacation to use after I was back st work. |
Anonymous
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OP here: I do have STD, that covers 5 weeks (week 2 - 6 after birth). Thus I have to use PTO for the first 5 days (or more, depending on the circumstance). After STD, I plan to do some part time work which will deplete any remaining leave.
ALso, I consulted several people, including the Dept of Labor. Apparently companies CAN require you to deplete your PTO while on FMLA. "Even if you don’t want to use your paid leave, your employer can require you to use it during your FMLA leave". https://www.dol.gov/whd/fmla/employeeguide.pdf |
Anonymous
I believe they can make you use up your existing balance but I was told they can't make you borrow against what you will accrue for the rest of the year. Basically, they can't make you go in the hole to cover your FMLA. |
Anonymous
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Do you accrue your PTO, or is it lump-sum at the beginning of your fiscal year?
If you accrue, you’ll be better off because you will start earning PTO when you go back to work. I was in this situation (depleted PTO during maternity leave, then went unpaid), and was able to cover illnesses and dr appointments after a month or two back at work. I didn’t take the full day for routine appointments—I took the first appointment of the morning and went to work a few hours late. If you get lump sum, it will be harder. |
Anonymous
Correct, but then you start at 0 after FMLA is over, and consequently could accrue/use PTO and never accumulate much time off, if there is any need to take time off. |
Anonymous
Yea I just reread OPs later post and it seems like the issue is the going part-time temporarily after her maternity leave which is going to consume her PTO as she accrues it. OP, is it possible to go officially part-time (even if just for this first year) so you don't have to use PTO for the days you aren't working after your maternity leave ends? One of my coworkers did that, officially transitioning to be part-time (with the corresponding increase in health care costs and decrease in rate of accruing PTO hours) because it ended up working out better for her than taking leave for the days each week she wasn't working. Then after a year or so, she went back to full time. |