Maternity Leave?? - Billings,MT

wow. i just looked up your state's labor laws around maternity leave and you are actually pretty well protected. first thing i'd do is talk to your doctor about getting a note for your employer, stating the dates that you will be unable to work due to medical reasons (starting at week 39, for example). see the MT government website: http://erd.dli.mt.gov/humanright/employdiscrimpregnant.asp

i feel for you. i have a desk job where i sit most of the day, and can't imagine being on my feet for my job while 36 weeks pregnant.

ultimately though, you want to maintain a positive relationship with your boss, so look for any way to help ease her stress of covering for you. would it help her if you were to work through june, but be able to sit most of the time? or when you return to work, promise her you'll be back as soon as you can, maybe before the 6 weeks (or whenever), if you're feeling up for it? or offer to return to work at 4 (or 6, or 8 weeks) after delivery, in a part-time manner, to help her keep her shifts covered? or, do you know of someone you could refer to cover for the time that you'll be out ? just looking for ideas on how to ease her stress, so she will ease off on you.

best of luck.

You are asking about taking off before the baby is born right? I would just have your OB write a letter to the employer stating due to your pregnancy and/or medical reasons (he doesn't need to give specifics, they know you are pregnant and anything medical is private) you will not be allowed to work after 7/1/2010 (or whatever date you want). My OB was fantastic about writing me "medical releases" whenever I needed (and/or wanted) them.

I agree with Susan. You have to tell your doctor and he or she will check your blood pressure ect and may put you out a little early. I am not sure if there are differences among states but as long as the doctor puts you out, you don't get unemployment, you get disability. Usually the employer coordinates this but you might need to do it with your doctor's help through your state. It pays like 60 percent. You get about 6-10 weeks after, depending on the nature of your disability. I know your job is important but it sounds liike you are being taken advantage of because your boss can't find qualified people.

Ask your Ob/GYN ... for my Doc, it is often the case that at about 2 weeks PRIOR to a woman's due date, he will write them up to stop working.

If your job entails standing on your feet all day... then mention that to your Doctor too... some will 'require' per your pregnancy status, that you rest etc.

If you have "Doctor's Orders" stipulating that you stop working or when... then she can't dispute that... otherwise, it will be "discrimination" etc.

I would, check with your Doctor as soon as possible... it is almost July 1st.

good luck,
Susan

Not sure how to advise you about leaving before the baby is born, but after you give birth you can simply say you can't return to work before your doctor clears you at your 6 week post-pardum appointment. Good luck!

The Family Medical Leave Act is a federal program that dictates an employer give you the time off you need. (You are allowed 12 weeks in any 12 month period for covered conditions or circumstances--time off to have a baby is covered. Get the information from your HR department and don't let them give you the run-around. I speak from experience!

This is in California, I am not sure about your state. You can work until you and your OBGYN think its time to take you off. This can be as early as the doc thinks, but the norm is 2 weeks before your delievery date. You get unemployment for that time and they don't pay the first seven days (if I remember correctly). The running joke at my workplace (by all my supervisors/bosses, 5 total) was that I was going to break my water in my office. I remember the day I called and told them the doctor took me off work, the tone in my supervisors voice was NOT appreciated. They were totally unprepared for my absence, but I had all the appropriate paperwork and they couldn't say a thing. They were more sympathetic when I told them the reason I was taken off for stress (my father had passed away suddenly). Also check into how long of a maternity leave you are entitled to. I was able to get 10 weeks total. Good Luck!

It looks like you have a lot of responses that address the law. That's good. I just wanted to add.....you need to concentrate on yourself and your baby. Birth is a natural, yet extremely intense experience for your body. It will take you a good 6 weeks minimum to recover if you have a normal vaginal delivery without complications...even longer if there are complications or if you have a c-section. You will not know any of this until you are in the situation. Just be sure to take care of yourself. Best of luck to you. Congrats on your baby! You will find all of your priorities change when that little one arrives. Jobs are necessary...but no longer 1st priority.

First of all 4 weeks is not near enough for you to heal and for you to bond with your baby. You will regret rushing back to work. Your boss is out of line to think you can handle working again after two weeks. Your privates still hurt at two weeks!!! I tried with my second child to work within a few days of birth. Now keep in mind that I worked from home but it still did some major damage. I went into a Post-Partum depression that lasted a year. It took several years after that to come totally out of it. I didn't totally bond with him until he was 2 and have never forgiven myself for being so insensitive to the situation. You only have one chance with your child, don't waste it on an unreasonable boss, there are other jobs out there. You can never get that time back.

Another thing to remember is there are laws to protect you in this situation as well. I think after you have been with a company for at least 90 days they are required to give you up to 12 weeks off and guarantee you a job to come back to. Just tell your boss, that you will be leaving for maternity when the baby is born and will be back at whichever date you feel if right for you and your baby, be it 4 weeks or 12.

Then do it, don't think twice.

Good luck!

I have dealt with this a bit since a co-worker is due soon and was wondering how long she could be out for maternity leave. Basically the MT state law requires that all employers provide a reasonable leave of absence and that you receive the same or comparable job when you return. They consider "reasonable" to be 6 weeks. Not knowing if you are eligible or not (company must have over 50 employees), but the Family & Medical Leave Act bumps that up to 12 weeks. These links show the policies.

http://mt.gov/statejobs/salary.asp
http://www.dol.gov/whd/regs/compliance/whdfs28.htm

Good luck - hopefully your boss is just confused about the date (with the weather lately it's hard to believe it's almost July). Bring it to her attention and if need be, print out the state info and show it to her. She may be hoping that you don't know the "rules" and can get you to work more.

Enjoy your time off and your baby!

I would definatly talk to your doctor, and talk to the HR department where you work. HR will be able to tell you what kind of coverage you have for taking off of work. Such as can you go with unemployment, or disability, or do you not have anything. I was taken off of work about 1 month before my due date, becuase my job was a sit down job, and they were not allowing me to get up and move around every hour as my doctor wanted me to. So my doctor felt it was better to take me off work early, then risk blood clots or other issues.

Also speak to your HR about what they give someone off after birth. I went on disability and our disability program with my job told me that no matter if the doctor ok'd me back to work or not, I was to be back exactly 6 weeks after birth of my daughter. I did fight that since the doctor took me off early, and I didn't think it was right that I went back when the disability insurance said and not my doctor. So i jumped through the hoops and was out just about 8 weeks because i waited until i went to the doctor.

If your doctor takes you off of work, and your work tries to fight it, then their is another set of issues that you are arising.

Who cares what your boss wants? I would just telling her my last day is June 30 and she can start scheduling me six weeks after the baby is born. You wont be checking the schedule and you wont be answering her phone calls or calling. in. You have already recieved enough legal advise so I won't go into that. Seriously, This is your family, your boss is not and I'm afraid she'll just have to be upset.

L.,
You sound like a doormat, you are about to give birth and are entitled to your paid maternity leave. Start standing up for yourself!

I’m not familiar with the laws in Montana, they are very clear about paid maternity/family leave in California for both mother and father. Check your state laws and relax.

If your boss isn’t listening to you, she will get the picture when you don’t show up for work. Since you seem to be the one doing most of the work while you are there, she would be foolish not to welcome you back after your well deserved maternity leave.

Blessings….

The thing is you can take off when you like, but that doesn't mean your job has to save your position. You're not eligible for FMLA so unless your company has another leave option it may not matter if you leave the first of July or not. Also, the earliest I have ever seen (I work in HR) a mom come back to work was after 4 weeks, but that is really rare it's usually 6-8 weeks depending on your delivery. Also, I'm in TX and do not believe unemployment is available if the person is not capable of working, so I'm not sure if your state is more like TX or CA (as one mom posted).

It's difficult. I wish you luck. In the end just concentrate on taking care of you and your baby.

God Bless,
K.