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Jen P.
Master January 2012

BR- Scared.. FMLA Guidlines??

Jen P., on March 7, 2013 at 6:47 PM Posted in Etiquette and Advice 0 11

This afternoon, I had "the talk" with my employer about my planned maternity leave.. I was originally planning to be gone for about 9 weeks on disability and use up all 3 weeks of vacation, but my HR misinformed me..

1) our vacation policy has switched this year to accrual, so I'll only have maybe 6 days I can take of paid vacation

2) she said we had up to 24 weeks of disability- I confirmed with our insurance that it's only 6 weeks

I thought about it and decided I can be ok with that and I'm asking my employer if they would be willing to let me work half days for an additional 4-5 weeks after my diability runs out and take advantage of the Family Leave Act... BUT.... reading the "eligibility"... it says I must "work at a location where the employer has 50 or more employees within 75 miles"

We are a large company, but we are the only branch in the State of Washington.. am I not eligable??

11 Comments

Latest activity by Jen P., on March 7, 2013 at 7:59 PM
  • Jen P.
    Master January 2012
    Jen P. ·
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    OH and.. dare I point this out to my human resources??? I don't know that they would get rid of my position, but they wouldn't technically have to afford me medical benefits.. which isn't the worst thing in the world, we can always jump to my husband's plan.. but I'd rather not. :/

    Our main office is located in California.. they have over 100 employees just at the one location.. we have about 33..

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  • Christine
    VIP September 2013
    Christine ·
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    Do you have any Long Term Disability offered by the state?

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  • Jen P.
    Master January 2012
    Jen P. ·
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    Not quite.. our state offers their own FMLA, but it has the same condition.. I meet EVERYTHING but that, I think, and I'm afraid that I am not eligible and what that means..

    Should I even bring it up to my HR?? I have a feeling she may not be aware of this (considering we have an employee who's been out at least 6 months so far on FMLA..) but I'm worried that they will call it out later when I try to use it or that they won't grant me my request if I bring it up to them..

    I did put a call in to the state and DOL to see if someone can clarify this technicality.. I just don't know if I should ask my HR person or not.. I guess it would be stupid if she didn't know the answer already and if I tried to use that time when I'm not eligible.. I'm sure that could result in me owing back money or something.. this is, of course, assuming the worse..

    Everytime I think there's a solution, stuff like this happens Smiley sad Is 3 months with my baby so hard to ask?!?! bleh.

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  • Lady Firefly
    Master October 2014
    Lady Firefly ·
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    Do you have a company handbook. Your employer must abide by the laws however they can have their own policies. They cannot let you go because your pregnant either and when you leave they do not have to give you your position back but of something as equal. Also pregnancy applies under short term disability and is typically 6/8 weeks.

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  • Christine
    VIP September 2013
    Christine ·
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    Well in California a lot go out on FMLA and Long Term Disability (LTC), and short term disability, it is a combo of both or all 3 that gives the length. Also if there are complications during pregnancy and if there is a C-section even longer... so I would ask if you HR has looked into the State Benefits of FMLA and LTC/short-term... typically you can also get a dr's note having you go out on disability (work is creating extra stress, if you stand - too much standing, etc.); early which doesn't eat into the FMLA.... If you are close to your doctor I would talk to your doctor as well they might also know and also help you...

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  • Christine
    VIP September 2013
    Christine ·
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    I'm not versed in WA but as Moria stated there should be 411 listed in your employee handbook...

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  • WasSoon2BMrsSmith
    Master September 2010
    WasSoon2BMrsSmith ·
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    Jen that SUCKS! On the flip side at least your husband has a job. Any chance your company will give you an unpaid leave of absence/ hire someone on contract for 3 months? They wouldnt be out cash and you could scale down a bit. not sure what you do or if that's OK but just an idea

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  • Ms. M
    VIP December 2012
    Ms. M ·
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    I don't have any advice, but I still can't believe we are one of only three countries that doesn't guarantee paid maternity leave under national law. (The other two countries are Swaziland and Papua New Guinea). All other countries have some type of guaranteed paid maternity leave. My mind was blown when I learned that.

    I hope you get it sorted out!

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  • Jen P.
    Master January 2012
    Jen P. ·
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    Lol Ms M.. we're are faaaaaaaaaaar too much in debt to do that.. however.. I am a firm believe we have way too many people on our government's payroll... simple solution to national debt? I think so.

    But we won't get in to that. Smiley smile

    @Mrs Smith- I wish DH made enough for us to do that.. I may have to ask him to get two jobs, which I just hate the idea of... The nice thing is that he can get insurance if my company decides they don't want to offer it to me being a part time employee or if I need additional leave, but I'm the one who makes the bulk of the money.. almost twice as much as he does..

    OR I guess I could take the six weeks of short term disability and go back to work.. I just hate this though... all my plans are getting torn down. Smiley sad

    It's actually the dept. of labor and the state laws that I'm questioning.. the company will abide by the law, but if the law gives them room not to cover me, they won't.. I'm just worried.

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  • Ms. M
    VIP December 2012
    Ms. M ·
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    Jen, it doesn't mean that the government would pay the maternity leave, it just means your employer would be obligated to pay you at a reduced or regular wage for a certain time period (12 weeks for example). CA actually has their own state law mandating this, but we don't at a national level. (Aside from those 3 countries, the rest of the world has mandated paid maternity leave - even Iraq, Sudan, Afghanistan, etc). I don't see what that has to do with national debt, but we don't have to get political Smiley smile

    My friend is due soon and sorting out maternity leave has been a nightmare. I sympathize!

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  • Jen P.
    Master January 2012
    Jen P. ·
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    Oh ha.. see I don't know what that kind of mandate would entail ;P and I probably never will because I'll probably never see it *sigh*

    I know the girls in our California office were gone for months.. I think one was even gone for 6 months! I know my company would abide by FMLA laws, but I'm not even sure if I'm technically eligible since the law states that your work place must have at least 50 employees within 75 miles.. it's seriously a little techniciality, but it could totally prevent me from being able to take it.. right?

    http://www.dol.gov/whd/fmla/fmla-faqs.htm#3

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