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Maternity Leave ...I need your thoughts ladies...

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mitabtrfly

Member since 12/06

2770 total posts

Name:

Maternity Leave ...I need your thoughts ladies...

I'm not sure if you all remember that I just started this job in December and let them know I was pregnant in March, once my 3 month probation was over. They took it really well. Most of the people I work for are "virtual" (in another city) so I hardly ever see them. Anyway..I was asked at that time by my "counselor" if I would be taking 3 months of leave. I stated I would like to, and she said "it shouldn't be a problem". Well..low and behold I found out I'm not entitled to FMLA since I will not have been here a year once the baby comes. What I am entitled to is 6 weeks maternity leave (short term disability at 100% salary). After that I would need to get approval to use vacation time, sick time, and anything after that would be unpaid.

Now here's my dilemma. I want to take 3 months off and informed them of this. They had me waiting about 4 weeks to respond to me, and now want to have a "meeting" with me to discuss this. I'm afraid they are going to say no, and tell me I will have to come back after the 6 weeks, which I can not and will not do. They also may ask me to work from home a few days a week, which I also do not want to do, because this job is HECTIC and although I will have a newborn who will more than likely sleep most of the time, I want to be able to rest and enjoy my time with her, and not be stressed about or with work.

I know I'm jumping the gun here, but I'm just really worried. I'd like to remain working here, but if they disapprove of my being out for 3 months, then I will have no choice but to resign. I am covered medically through my husband, and won't have to worry about it, but it would also mean having to start from scratch looking for work once I decide to go back.

Help...

Posted 5/15/07 8:44 AM
 
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smdl
I love Gary too..on a plate!

Member since 5/06

32461 total posts

Name:
me

Re: Maternity Leave ...I need your thoughts ladies...

I think you replied to your own question.

If they don't approve your 12 weeks, you will resign.

Posted 5/15/07 8:46 AM
 

munchkinbugs
My little loves!

Member since 1/06

8093 total posts

Name:
Lisa

Re: Maternity Leave ...I need your thoughts ladies...

Posted by smdl

I think you replied to your own question.

If they don't approve your 12 weeks, you will resign.



I would do this. It sucks that you are new at your job. But, if you are financially stable and can afford to stop working for a little while I would do it. Just don't tell them now because you at least want to get your 6 weeks from them.

Posted 5/15/07 8:51 AM
 

mitabtrfly

Member since 12/06

2770 total posts

Name:

Re: Maternity Leave ...I need your thoughts ladies...

Posted by babybug631

Posted by smdl

I think you replied to your own question.

If they don't approve your 12 weeks, you will resign.



I would do this. It sucks that you are new at your job. But, if you are financially stable and can afford to stop working for a little while I would do it. Just don't tell them now because you at least want to get your 6 weeks from them.



If they deny my leave, and it comes down to me resigning, I wouldn't want to do it while I'm out on maternity leave. Wouldn't that give them grounds to take other action against me? Or wouldn't I owe them time or something if I did that?

Posted 5/15/07 8:54 AM
 

mitabtrfly

Member since 12/06

2770 total posts

Name:

Re: Maternity Leave ...I need your thoughts ladies...

Posted by smdl

I think you replied to your own question.

If they don't approve your 12 weeks, you will resign.



I'm not sure if I did answer my own question, because I don't want to have to resign. I just feel if they deny me, then I will have no choice...


I guess the best thing for me to do would be to wait until our meeting. For all I know they can tell me yes..then my worrying would have been pointless. I just find it weird...that now this is "meeting" material, when before they were so quick to say "sure".

Posted 5/15/07 8:55 AM
 

smdl
I love Gary too..on a plate!

Member since 5/06

32461 total posts

Name:
me

Re: Maternity Leave ...I need your thoughts ladies...

I would only resign when I come back. You NEVER know what you situation will be.

I am pretty sure you will have 8 wks if you have a c-section.

Posted 5/15/07 8:56 AM
 

Ang-Rich
Beyond Compare

Member since 5/05

17988 total posts

Name:

Re: Maternity Leave ...I need your thoughts ladies...

I am sure that your company has looked into this but I just wanted to mention...FMLA is 12 months or 1250 hours. I mention this because I have been at my company less than 12 months but it looks like at the time I will go out I should have 1250 hours...which makes me eligible.

ETA: I was mistaken...posted below. Looks like it has to be months and hours.

Message edited 5/15/2007 10:58:59 AM.

Posted 5/15/07 8:58 AM
 

mitabtrfly

Member since 12/06

2770 total posts

Name:

Re: Maternity Leave ...I need your thoughts ladies...

Posted by Ang-Rich

I am sure that your company has looked into this but I just wanted to mention...FMLA is 12 months or 1250 hours. I mention this because I have been at my company less than 12 months but it looks like at the time I will go out I should have 1250 hours...which makes me eligible.

You might want to check into that.




It's the same where I am, and I won't have that amount of hours.

Message edited 5/15/2007 9:09:26 AM.

Posted 5/15/07 9:09 AM
 

mommy924
LIF Toddler

Member since 4/07

428 total posts

Name:

Re: Maternity Leave ...I need your thoughts ladies...

I was always told "Always tell your company your coming back even if you don't". This way they can't mess up your benefits, short-term disability, 401K, etc. (if they offer it).

As long as your out on maternity, they still have to (should) pay for it.

Message edited 5/15/2007 9:17:21 AM.

Posted 5/15/07 9:17 AM
 

Woodsy
LIF Infant

Member since 6/05

241 total posts

Name:

Re: Maternity Leave ...I need your thoughts ladies...

Posted by mitabtrfly

If they deny my leave, and it comes down to me resigning, I wouldn't want to do it while I'm out on maternity leave. Wouldn't that give them grounds to take other action against me? Or wouldn't I owe them time or something if I did that?



If they don't extend your leave, DO NOT RESIGN until after your 6 weeks PAID leave expires. Legally, they cannot take action against you if you do not come back.... (though you may be responsible to pay them medical benefits that they paid for you while you were on leave...)

Posted 5/15/07 9:31 AM
 

AimeeE2006
Time flies!

Member since 1/06

5698 total posts

Name:
Aimee

Re: Maternity Leave ...I need your thoughts ladies...

I'm sort of in the same boat. I started my job mid-January. I am not covered under FMLA either. Plus, I am the one with the medical plan - DH has been out of a job since mid-February. I have been so stressed about this...mainly the health insurance aspect. We can handle not having a salary for a little while - but having to pay for COBRA would s uck so badly if I'm not being paid.

Posted 5/15/07 9:32 AM
 

mitabtrfly

Member since 12/06

2770 total posts

Name:

Re: Maternity Leave ...I need your thoughts ladies...

Posted by Woodsy

Posted by mitabtrfly

If they deny my leave, and it comes down to me resigning, I wouldn't want to do it while I'm out on maternity leave. Wouldn't that give them grounds to take other action against me? Or wouldn't I owe them time or something if I did that?



If they don't extend your leave, DO NOT RESIGN until after your 6 weeks PAID leave expires. Legally, they cannot take action against you if you do not come back.... (though you may be responsible to pay them medical benefits that they paid for you while you were on leave...)



Thank god I have insurance through my DH. I didn't take theirs...

Posted 5/15/07 9:45 AM
 

BabyFever
LIF Adult

Member since 8/06

1050 total posts

Name:
XXXXXXXXXX

Re: Maternity Leave ...I need your thoughts ladies...

I was just wondering about the 1250 hours, if you work 40 hours a week then you would hit 1250 hours befaore you've been at a company a year. Now do you calculate holidays and stuff in that 1250 hours or not, I am just trying to do the math and never realized about the hours i just thought it was 1 year.

Posted 5/15/07 9:51 AM
 

MST9106
My life:)

Member since 6/06

9589 total posts

Name:

Re: Maternity Leave ...I need your thoughts ladies...

Posted by smdl

I think you replied to your own question.

If they don't approve your 12 weeks, you will resign.



ITA...you have no other choice...

Posted 5/15/07 10:09 AM
 

mitabtrfly

Member since 12/06

2770 total posts

Name:

Re: Maternity Leave ...I need your thoughts ladies...

Posted by BabyFever

I was just wondering about the 1250 hours, if you work 40 hours a week then you would hit 1250 hours befaore you've been at a company a year. Now do you calculate holidays and stuff in that 1250 hours or not, I am just trying to do the math and never realized about the hours i just thought it was 1 year.



Chat Icon that's a good question. I guess either way it goes, whether they approve it or not, I know what I have to do. I've already discussed this w/DH and we are prepared for whatever comes. Hopefully I won't have to resign, but..if I do..then I'm sure I"ll find another job.

Posted 5/15/07 10:14 AM
 

Woodsy
LIF Infant

Member since 6/05

241 total posts

Name:

Re: Maternity Leave ...I need your thoughts ladies...

Posted by mitabtrfly

Posted by BabyFever

I was just wondering about the 1250 hours, if you work 40 hours a week then you would hit 1250 hours befaore you've been at a company a year. Now do you calculate holidays and stuff in that 1250 hours or not, I am just trying to do the math and never realized about the hours i just thought it was 1 year.



Chat Icon that's a good question. I guess either way it goes, whether they approve it or not, I know what I have to do. I've already discussed this w/DH and we are prepared for whatever comes. Hopefully I won't have to resign, but..if I do..then I'm sure I"ll find another job.



Actually, it is not the lesser of one year or 1250 hours. The FMLA only applies if the employer worked for at least 12 months AND for at least 1250 hours during the previous 12 month period. You have to satisfy both requirements. So, even if you are at a job a year but only work P/T, then you may not be entitled to FMLA.

Like I said before, if your employer is not willing to give you discretionary leave beyond the 6 paid weeks, I would not resign now but only AFTER the 6 paid weeks of leave are over!! Might as well get the $$$$.

Good luck!!

Posted 5/15/07 10:35 AM
 

Ang-Rich
Beyond Compare

Member since 5/05

17988 total posts

Name:

Re: Maternity Leave ...I need your thoughts ladies...

I just called my Benefits Dept....looks like the law is 12 months AND 1250 hours. I got confused because my last company would allow the hours over the time - I should have realized it was an exception though because they were very generous.

So looks like FMLA is completely out for you and me. Chat Icon

Posted 5/15/07 10:47 AM
 

Phoebee
LIF Adult

Member since 11/06

1623 total posts

Name:
Michelle

Re: Maternity Leave ...I need your thoughts ladies...

I would wait it out and see what they say. I'd also keep my "poker hand" close to my chest.

If they tell you they're not going to approve the 3 months full pay, I'd tell them how appreciative you are for their understanding about the pregnancy thus far, and you'll return after the 6 weeks Chat Icon Knowing full well, that is not your intention. This way, you are paid in full for the 6 weeks. After 6 weeks, you can either 1. sing them a song that it didn't work out and you'd like an extention. If they don't give it to you, you'd rather them let you go, you'll be entitled to unemployment. Or 2, resign like you said.

If they approve the 3 months in the meeting- get it in writing!!!! & ignore the above- LOL
Chat Icon It'll all work out. Remember, I don't even have a job, and I'm saying it'll all work out! OY

edited for clarity....

Message edited 5/15/2007 10:56:20 AM.

Posted 5/15/07 10:50 AM
 

Ang-Rich
Beyond Compare

Member since 5/05

17988 total posts

Name:

Re: Maternity Leave ...I need your thoughts ladies...

Do you have any vacation time that you can tack on to the 6 week leave? I planned on using as much of my paid time off as possible and this might buy you so more time as well.

I agree with everyone above - don't show them all of your cards just yet.

Posted 5/15/07 11:02 AM
 

mitabtrfly

Member since 12/06

2770 total posts

Name:

Re: Maternity Leave ...I need your thoughts ladies...

Posted by Phoebee

I would wait it out and see what they say. I'd also keep my "poker hand" close to my chest.

If they tell you they're not going to approve the 3 months full pay, I'd tell them how appreciative you are for their understanding about the pregnancy thus far, and you'll return after the 6 weeks Chat Icon Knowing full well, that is not your intention. This way, you are paid in full for the 6 weeks. After 6 weeks, you can either 1. sing them a song that it didn't work out and you'd like an extention. If they don't give it to you, you'd rather them let you go, you'll be entitled to unemployment. Or 2, resign like you said.

If they approve the 3 months in the meeting- get it in writing!!!! & ignore the above- LOL
Chat Icon It'll all work out. Remember, I don't even have a job, and I'm saying it'll all work out! OY

edited for clarity....



Thanks M!!! This is exactly what I'm going to do.. Chat Icon

Posted 5/15/07 11:07 AM
 

CrankyPants
I'm cranky

Member since 7/06

18178 total posts

Name:
Mama Cranky

Re: Maternity Leave ...I need your thoughts ladies...

Posted by AimeeE2006

I'm sort of in the same boat. I started my job mid-January. I am not covered under FMLA either. Plus, I am the one with the medical plan - DH has been out of a job since mid-February. I have been so stressed about this...mainly the health insurance aspect. We can handle not having a salary for a little while - but having to pay for COBRA would s uck so badly if I'm not being paid.



Does DH's firm offer insurance? A lot of plans will let you sign up outside of open enrollment if you have a life event-i.e. the birth of a baby. He might he able to get insurance, it's worth a try.

Posted 5/15/07 12:03 PM
 

snuggleupagus
I'm a rolling machine.

Member since 9/06

2064 total posts

Name:

Re: Maternity Leave ...I need your thoughts ladies...

You have to decide which is more necessary to you, getting the 3 whole months you wanted or having a paying job after the baby is born. I say necessary not important b/c as a pregnant woman and mother, I know that what we feel to be important both now and post-partum aren't always what others see as "important."

Honestly, they don't HAVE to approve of the 3 months, 6 weeks (8 for a c-section) is all you are "entitled" to because it's considered your "disability" time. FMLA just allows for more. I plan to take off 8 weeks knowing 2 weeks will be unpaid.

I agree with those who said to go on as if you will return after the 6 weeks...otherwise, they could consider you having left the company/job and not pay you the disability!Chat Icon And since you say it's 100%, why risk losing that!Chat Icon

Best of luck, this isn't going to be an easy decision I'm sure!Chat Icon

Posted 5/15/07 12:32 PM
 

mitabtrfly

Member since 12/06

2770 total posts

Name:

Re: Maternity Leave ...I need your thoughts ladies...

Posted by snuggleupagus

You have to decide which is more necessary to you, getting the 3 whole months you wanted or having a paying job after the baby is born. I say necessary not important b/c as a pregnant woman and mother, I know that what we feel to be important both now and post-partum aren't always what others see as "important."

Honestly, they don't HAVE to approve of the 3 months, 6 weeks (8 for a c-section) is all you are "entitled" to because it's considered your "disability" time. FMLA just allows for more. I plan to take off 8 weeks knowing 2 weeks will be unpaid.

I agree with those who said to go on as if you will return after the 6 weeks...otherwise, they could consider you having left the company/job and not pay you the disability!Chat Icon And since you say it's 100%, why risk losing that!Chat Icon

Best of luck, this isn't going to be an easy decision I'm sure!Chat Icon



I know it's going to be a VERY hard decision. See the problem with me is that when I had my son back in 1991, I had to go back to work at 6 weeks, and back then it didn't really bother me because I was young, and those were the rules. I never even thought/imagined staying home longer. However...now..that the situation is completely different, (my being married, older etc), I want to be able to spend that valuable time with her.

I know job doesn't have to give me more leave...but I would HOPE they would because technically it would only be 2 weeks more at the most that I would be taking unpaid leave, and because I have vacation time to cover the other week. This is considered "personal leave", which unfortunately is not job protected due to my not being here for a year.

I'm sure they are not worried about me..they are more worried about the "work". Understandably so..but this is not our busy season. As a matter of fact it just passed. I guess for me I just don't see what difference it makes, if I was entitled to FMLA, it wouldn't be something to discuss or even worry about, but since I don't, I guess the ball is technically in their court, and it's just up to me to decide if I want to "play".

Thanks so much to all of you for all of your help..I really do appreciate it!! Chat Icon

Posted 5/15/07 1:39 PM
 

joann564
LIF Infant

Member since 9/05

266 total posts

Name:
Jo Ann

Re: Maternity Leave ...I need your thoughts ladies...

I would just be careful. I know a couple of girls at my job that came back to work for a week or 2 after their 6 wks and then quit. SUpposedly they can come after you for the $$ paid out on leave.

Posted 5/15/07 6:48 PM
 

Kerie-is-so-very
versatile!

Member since 5/05

13520 total posts

Name:
K

Re: Maternity Leave ...I need your thoughts ladies...

Posted by joann564

I would just be careful. I know a couple of girls at my job that came back to work for a week or 2 after their 6 wks and then quit. SUpposedly they can come after you for the $$ paid out on leave.



I think that there are reasons that some people to report back to work, even if for a short time. It may have to do with benefits, and being afraid of losing the $$ paid for benefits during the leave time. I am really not sure.

If I were in your shoes and the position had career potential or if it were something I had worked toward, I would reconsider what I "must" do, but everyone is different on such issues.

Message edited 5/15/2007 7:52:15 PM.

Posted 5/15/07 7:51 PM
 
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