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-   -   Fmla (https://www.justmommies.com/forums/f133-pregnancy-and-motherhood-after-loss/2696042-fmla.html)

lelila December 3rd, 2013 02:21 PM

Does anyone need to apply for FMLA and/or Disability? How do you determine eligibility?

When DS was born, I took alot of time off and was demoted and had my benefits stripped. But since I took more than 12 weeks off, there wasn't anything I could do - my company basically fired and rehired me, so I was considered lucky. This time I'm only taking 8 weeks, but I'm part time now - do they have to grant me FMLA at all?

Schofield06 December 3rd, 2013 03:02 PM

Re: Fmla
This is what I found:

Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.

I just googled fmla requirements and it came up with a US department of labor link to fmla info if you want to look at it yourself.

lelila December 3rd, 2013 05:15 PM

Re: Fmla
Thanks. I was on the Gov website and looked all around and couldn't find the requirements. I've been with my company for 15 years and work over 1500 hours a year, so I qualify. Technically. But who knows what crap they'll pull this time.

Boos Moo December 3rd, 2013 05:50 PM

Re: Fmla
It's been so long since I've been in the work force I have no clue these days. Does your company have an HR department that can give you info?

lelila December 3rd, 2013 07:36 PM

Re: Fmla

Originally Posted by Boos Moo (Post 27835454)
It's been so long since I've been in the work force I have no clue these days. Does your company have an HR department that can give you info?

Yes, and I probably should contact them at some point. I'm afraid I'll jinx things by taking the first step. Maybe once I'm in the 3rd trimester. Not long now!

MelChicago December 3rd, 2013 07:55 PM

Re: Fmla
I believe you need to give a minimum of 30 days notice for FMLA, and they are legally required to hold an equivalent position for you (if not your exact job, then something with the same pay and position in the organization).

I also read somewhere that you can split up FMLA- you don't have to take it all at once, it's just a max of 12 weeks in one calendar year- AND you can extend it into part time work. Say you took 8 weeks off, instead of an additional 4 weeks full time off, you could do 8 weeks part-time.

melissalaw December 4th, 2013 06:42 AM

Re: Fmla
yes definitely contact your HR department. They should have all the paperwork for you to fill out but don't wait too long because you will need your dr to fill out some of the paperwork and I know my dr's office is so slow.

My DH has to apply for FMLA to take some time off when the baby is born so we've been through this twice before.

lelila December 4th, 2013 07:56 AM

Re: Fmla
Thanks for the tips ladies. I spoke to DH last night and he said "Get on it!" So I contacted HR today. I will fill out the paper work in the next month or so. I have 4 months to go, so I'm not stressed about it.

DH has mucho vacation time, so he will take a week off when the baby comes to be at home that first week. Last time he had gutted the bathroom literally the week before and I had no working bathroom upstairs. At least this time the house is finished. Well, knock on wood he doesn't start any projects!

Leanne78 December 4th, 2013 07:58 AM

Re: Fmla
Does your company have short term disability? I will be on FMLA, but also short term disability. That's basically how I will get paid. I get 1 week paid disability for every year worked, maximum 6 weeks for maternity leave. Also, my company doesn't pay the first 2 weeks, so I have to save my vacation time for that.

lelila December 4th, 2013 08:04 AM

Re: Fmla
I don't believe I'm eligible for disability because I've been part time for 7 years now. But I do plan on asking. I was eligible when DS was born and I didn't know it and never applied. I lose my vacation time when I go on FMLA, or at least that was what I was told last time - however I took a leave of absence greater than 12 weeks. This time I'm only taking 8 weeks so we'll see. My company tends to bend the rules to accommodate themselves and none of us complain because we are happy to have a job.

MelChicago December 4th, 2013 11:36 AM

Re: Fmla
My company offers short term disability insurance, which I have to pay for separately, but it will pay out 6 weeks of 60% of your weekly pay. It has nothing to do with FMLA, but it's a way to keep some cash coming in during the time off. Again, it's an extra thing but it's only a few dollars out of each pay period, and i know my company offers it to part timers. I work at a nonprofit with not-the-best benefits, so I'm imagining any larger company would offer something similar/better.

Boos Moo December 4th, 2013 02:21 PM

Re: Fmla
Have your DH check to see if his work offers something as well for him. DH told me his work offers 6 weeks paid (although not his tips).

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