CROSSPOST
Couple of things...(and none are really grezt news, but I don't want to sugar coat...):
Someone on Ins/Employment forum replied with this:
Posted: Jun 04, 2007 5:23 pm Post subject:
FMLA leave is different from Disability. Are you out on disability or FMLA?
Most companies in the private sector that I've come across require you to run your FMLA concurrent to any disability or medical leave--paid or unpaid. For example, I was on disability for 16 weeks w/ Rory for the HG...I was paid via our short term disability, but also exhausted all 12 weeks of FMLA benefits at the same time so that I had none left when I delivered and had to return to work at 6 weeks pp. Same w/ Kieran except I had 2 leaves on STD--first was for the HG and was 13 weeks, the second was for threatened pre-eclampsia and was 9.5 weeks...again I was paid through the STD policy but clearly LONG past exhausted any FMLA.
Basically, regardless of the TYPE of leave you are taking, and regardless of whether your employer pays disability or it is an unpaid leave...if it qualifies under FMLA (your own health or that of a child or spouse) then they can legally claim the disability weeks or medical leave weeks as ALSO being part of the 12 week max on legal job protection.
My company held my job. Twice (well three times if you count the two leaves w/ Kieran separately). I am SO loyal to them now, because any of the times I was off after 12 weeks in a rolling 12 months, they could legally have replaced me.
So, sadly, even if your company DID fall under the FMLA rules, they still could legally terminate you after 7 mos of absence. It seems cruel, and I guess it IS, but they are under no obligation to hold your job after 12 weeks (again, regardless of whether you are receiving disability pay or it is unpaid). If they are under FMLA rules, as I understand it, the one thing they would have to do is to offer you something similar IF THEY HAVE IT as long as you come back w/in a year...but many times there is no open position or it is across the country or whatever--few people utilize that part of the FMLA rules.
Do I think it is RIGHT? FAIR? Not really, but it just IS.
SO SORRY. Please, try and take care of yourself, deliver a healthy baby and then figure the rest out later.