FMLA, take prior to delivery / due date ?

Question

First, I am eligible for FMLA (worked full time at current employer for four years).
I have had a very rough pregnancy due to Hyperememis and other health issues that were present prior to pregnancy. At this point I would like to take leave from October 9 – December 22.
My due date is Oct 28. Both of my older children came early. One came 17 days early.
I have read the FMLA govt website but it is not clear. My HR department is not answering my questions and I understand they are looking at the Company’s best interest and not mine.
My question,  can I tell my employer when I am taking FMLA? Or can I only take it once I go into labor? Can my doctor put that he is recommending these dates due to complications?

Answer

FMLA is considered 12 weeks of non paid time to handle a medical event you yourself have or an immediate family member. You can take your 12 weeks at any point. It can be any time from conception to 12 months after the event (birth).  It doesn't have to be consecutive either. It can be 3 weeks at the beginning due to morning sickness and then 6 weeks after birth and then other days here and there for your postnatal appts or baby's appts.

Answer

One more thing is that your doctor has to put the dates, it's what is medically necessary not what days you want to take so if he puts October 9th as the first day of leave then your employer has to honor that. If he puts a different date they will honor whatever date he puts and deems as medically necessary for you to be off.

Answer

I handle FMLA at my job. You will want to get a physician'so statement from your doctor prior to going on leave. Your doctor can give approximate dates they don't have to be set in stone.

Answer

I've been on it for 3 weeks already bc of early contractions and I'm not due until October 16th. My FMLA leave wil run out mid November and I will have to take disability if my baby comes on time just to protect my job. I don't get paid for my leave but bc I do get the disability I'll be able to get paid something once the baby gets here. I'm a teacher and I work for the state so I'm not sure if that helps you at all.

Answer

From what I understand, it has to come from your doctor for them to honor it. But I could be wrong. But from talking to my HR department at work, I'm pretty sure any type of notice of leave before baby is born, has to come from the doctor.

Answer

I plan to ask my dr to write me off work at 39 weeks and plan to ask him to write my medical release for 8 weeks maternity leave.  However, I did stipulate in my maternity letter to my school, that I wanted to take advantage of my FMLA rights in the event I deliver earlier than October 23rd.  I am due on the 30th.  I teach and want off as long as possible, but I also don't want to stress about not being paid. If I get a release written for 8 weeks, I'll have an additional 2 weeks off for holiday break 😉

Definitely talk to your dr- I'm sure if your pregnancy has been difficult, he/she can write your release dates earlier than delivery due to "health concerns".

Answer

Does your employer offer STD?  I am able to go out 2 weeks prior to my due date on paid STD and am so thankful as working has become painful for me.

Answer

My company said they allow me to take leave 2 weeks before my due date if I don't feel like working anymore. May depend?

Answer

Wait does the FMLA pay you? From what I know I was told it doesn't pay you.

Answer

So it is a bit complex....Generally you can only start FMLA when you have given birth, have a serious medical condition (usually chronic, long term) or you are caring for a service member/family member etc. The purpose of FMLA is to protect your job for 12 weeks while you are out, after that an employer can legally let you go. In conjunction with that,generally when you give birth, you start STD which is usually 6-8 and but you have up to 12 (under FMLA) so most people have about 12 weeks and then anytime after that or really even before you can use leave like vacation or sick time. Your situation is tricky because you may not qualify for FMLA. Do you have paid time off or sick leave you can use? My main point is, if you try to leave before giving birth, without saved leave they can legally terminate you if you do not qualify for FMLA it is really only a law that qualifying companies have to comply with and if you go out early this may shorten your time at home after the baby is born.....(in charge of payroll)....Not saying they would do anything mean or malicious but u just never know...have you talked to your. supervisor?

FMLA, take prior to delivery / due date ?

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