Regarding Employment and FMLA

Updated on March 01, 2008
S.C. asks from Sugar Grove, IL
8 answers

I had a question regarding FMLA. I started working at a company in July. I found out in September I was pregnant. Unfortunately I do not qualify for FMLA because I don't come under the act of working for 12 months. I was told that I can use my vacations and sick days as maternity leave, which comes to 3 weeks. My feeling is that I will need anywhere from 5-8 additional weeks. I'll be 2-3 weeks shy of my 12 months with the company.
Is there anyone that has been through this?

What can I do next?

  • Add yourAnswer own comment
  • Ask your own question Add Question
  • Join the Mamapedia community Mamapedia
  • as inappropriate
  • this with your friends

More Answers



answers from Chicago on

Congratulations on your pregnancy. I went through the exact same things as I have only been with my company for 5 months. I used up all my vacation/sick time and then went on short term disability (that is for 6 weeks). Good luck!



answers from Chicago on

Hi S.,
Congrats on your baby! My girlfriend is due any day now and she works for a non profit organization. She's a doula. They don't have maternity leave or short term disability. What they do have, however, is AFLAC. Does your company offer this? I've seen some busienss cards of AFLAC independent reps. I'm not sure if the employer has to buy into it or if you can get it on your own. But it's worth looking into.

Good luck

PS: My home based business is a way to make some residual income [no selling required] if you're interested. I had my 2nd baby in Nov 06 and it was great to receive a check even though I was too chubby, sleepy, and cranky to work my business.



answers from Bloomington on

I worked in the insurance industry for years. Basically, with out STD or FMLA, you are out of luck, except to talk to your employer and see if there is some kind of interal arrangement that could be set up. If they value you as an employee, then some are nice enough to make you happy - so that you do come back!!! One other point - FMLA only applies to companies with 100 employees or more. Just wanted to point this out, in case it is a mute point, if you work for a small employer.



answers from Peoria on

Hello S.,
With my last child, I was short on time for my FMLA to give me the full 12 weeks of leave. What I did was write to my plant manager and request to have 3 weeks of approved leave without pay. When I received the approval letter, this assured me that I would have a job once I returned to work. You can visit the FMLA Website for additional information to see if it will help you in your situation.

I am pretty sure that the Family Medical Leave Act has some guidelines regarding Maternity Leave. You might try to go to this website for more information:

Good Luck!



answers from Chicago on

File for short term disability if you have it.


answers from Chicago on

Unfortunately, since you haven't been with the company for over a year you do not qualify for FMLA. I was in the same boat (missed it by about a month). However, my company was "nice" in that they gave me the needed time off. They did, however, hire someone to basically take over my position even though when I found out about the new hire they still swore it wasn't to take my position. Luckily, I could have cared less since I quit the first day back (planned). But in reality, they had every right to hire someone in your place and because you do not qualify for FMLA they wouldn't even technically need to give you a job back at your level (which is what FMLA states). Quite frankly, it sucks. At best, you can apply for short-term disability. And even then you need to check your companies policy (they may restricitions too). There is a waiting period for this and at tops you could only receive 6-8weeks (6 for natural birth, 8 for c-section (but some companies will still only approve 6 weeks) and this is still only at a percentage of your pay. Good luck.



answers from Chicago on

Based on your request I am guessing you do not have STD, and another poster mentioned Alfac, Aflac has a one year waiting period for pregnancy, all the info you have been provided so far is correct. The only ting I can recommend is to talk with your boss, assure them that you plan to return, find out if they are going to hold your position, you will probably have to return at 6 wks as that is when your doctor will release you to return to work. congrats on the new addition, sorry I do not have better news. Talk to your HR department they are there to help you.



answers from Chicago on

I don't have any advice for you except to say I am going through the exact same thing you are. I started working for my company in October and I qualify for short term disability at the end of April (6 months later). Unfortunately my baby is due in the middle of April so I will be 7 days shy of eligibility! Maybe the conditions will be right and baby will want to wait, but when nature calls you can't control it!

The HR lady is pretty cruel and not understanding, but luckily my boss and department are, so I know I will have my job once I return, even if HR doesn't grant me an official "leave of absence" which would insure my job once I got back. I am just going to have to suck it up and take unpaid leave and hope for the best. I hope you and your boss can work out how much time you can have off.

For Updates and Special Promotions
Follow Us

Related Questions

Related Searches