FMLA

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FMLA

Postby dbarr » Mar 19, 2005 4:29 pm

I just found out that FMLA won't kick in for me until August, when I will have been with my employer for a year - this must have been in the fine print - even my supervisor had forgotten this. I think I'm pregnant already. They have this policy at work where you can only have 6 occurences of being absent, and then you're out the door, unless you're on FMLA. My supervisors will work with me as much as they can - they are very understanding, but I'm so worried I'll have to go on disability so that I don't lose my job due to absences. Last time I dragged myself to work w/ zofran in hand - hope I can do it again. And now, w/ this job my medication co-pays are going to be so much higher. The job that I have is working so well for us now - I work opposite shifts from my husband so that Matthew can be with us as much as possible. I need to work b/c I hold the health insurance for the family. And we just bought a new house.

I'm going to purchase a fan and air purifier for my cubicle, bring in lots of beverages, and sterilize my work area. Beyond that, I guess I have to brace myself and hope that I can function enough to work.

I wish all I had to worry about was what color to paint the baby's room...
Daniellle

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Matthew - 2/1/03
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Postby aaronsmommy » Mar 19, 2005 4:48 pm

Unfortunately, FMLA does not apply to a lot of people, either because of the number of employees, or the one year rule. Some states have stricter laws (California is one) and I would have thought New York would, but apparently not.
Very frustrating!
In Canada they get a year off automatically!!
Aimee

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Postby bibliojo » Mar 19, 2005 5:13 pm

Aimee,

We don't get a year off automatically...we have to have 600 hours of work in the 52 weeks previous to going on mat leave. Not to quibble as you poor women down there have it so rough, but just thought I would clarify. Your government should really do something about that -- how on earth are able to go back to work just a few weeks after having a baby????

The weather any better down there? We're back to our usual rain here so I thought maybe it might make a difference down there - lol.

Joanna
2 HG pregnancies
Lukas - February 2003
Katya - October 2006

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Postby aaronsmommy » Mar 19, 2005 5:38 pm

Joanna - Do you have to work for the same employer for that time? I guess 600 hours is only 15 weeks, so that's not that long to wait.
I've never investigated the details of the law in Canada, not living there. I guess maybe I should know! Another question - if you are not covered under the maternity leave law, can you be fired for absences due to illness?

Only slightly more than 50% of workers in the US are even covered under FMLA. Most of the rest can be fired for taking a day off to go to the doctor's, let alone 3-9 months to lie in bed puking your guts out.
Aimee

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Postby bibliojo » Mar 19, 2005 5:45 pm

OMGosh! Fired for going to the doctor??? :shock:

No, you can work at several different employers in the year before your mat leave. You just need to accumulate the 600 hours. Also, here it is against the law to be fired/not hired because of pregnancy. That being said, it still does happen though. When I was sick, my contract at work ran out and they said that if I didn't return to work at such and such day I would lose getting a new contract. Thankfully it was near the end of the HG and I kept my job.

Canada also has sickness benefits through the government. I took 12 weeks leave and was paid 55% of my wages by the government. Women are entitled to take up to 15 weeks of sick leave in addition to the 50 weeks mat leave they get so for a women with HG they could get a total of 65 weeks.

Us Canadians are REALLY lucky in comparison with what you guys have to go through!

Joanna
2 HG pregnancies
Lukas - February 2003
Katya - October 2006

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Postby teddi » Mar 19, 2005 6:12 pm

You know if you do go on disability leave I'd be shocked if they could fire you w/out that being a violation of the AMA???

A good thing to lobby for would be a pregnancy related version of FMLA. I qualified for it, but guess what? It started June 2- and I was on disabiltiy until March 7th. It was LONG expired before I had the babies- before even I was halfway through my pregnancy.

Here in CA my job was protected by FMLA, Pregnancy Disability and just regular old Disability laws. At this point, I can begin a 12 week CFRA (CA Family RIghts Act) leave (only guarantees your job though, no benefits).

CA has a new program called Paid Family Leave. Here in CA, you would standardly be given 6 weeks off for a vaginal delivery and 8 weeks w/a C section. The Paid Family Leave (for moms) starts when the disabilty ENDS, SO at least in CA we've made some progress to where you can get 12 weeks w/pay. The thing is though- PFL doesn't protect your job, it just pays you the money. I guess because CA already has CFRA (it's basically like FMLA but can't run concurrent with it) most folks are protected. One AWESOME thing about PFL is that DADS get to take it too!! It's not just for moms. The PFL made a big difference in my decision to TTC again (and I waited for it to start before I'd even consider TTC). It was an absolute lifesaver for me postpartum too because I was so sick w/the pancreatitis after the delivery I COULD not care for the myself let alone the girls by myself- so my husband got to be off work w/at least some pay supplemented.
Teddi
Bert , 3/2000 HG#1, wk 6 - birth, GB removed @ 16wks
Chloe & Kaylie, 12/2004 HG #2, wk 7 - birth, pre-E/pancreatitis
~Angel babe~ March 2012
~ Baby Chuckles~ July 2013
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Postby dbarr » Mar 19, 2005 6:18 pm

In the US, you can take up to 3 months off following the birth of your child, and still retain your position, if you fall under FMLA guidelines. But you can only collect disability for the 6-8 weeks (depending on type of deliver), and therefore go unpaid for the remainder of the time. It really is awful.

I've always worked for understanding not for profit agencies, who had flexible time off policies. This is the first time I'm working in a more corporate setting - actually, I work for a mental health and substance abuse INSURANCE CO. Can you stand it? THE ENEMY! It's a great place to work actualy - I love it - but the corporate policies are written in stone, and it's scary to think how fast you can lose your job...

But hey, I can throw up at home or in the garbage can in my cubicle. I'm flexible!! I've thrown up at work, in parking lots, in a church, on the side of the road, on a boat, in the kitchen sink.... (I'm sure others could add to that list.) I just hope that the HG isn't more severe this time....
Daniellle

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Matthew - 2/1/03
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Postby dbarr » Mar 19, 2005 6:30 pm

Teddi, I just saw your post. Yes I would be protected by disability laws, and I actually elected to contribute toward a short term disability plan, so between that and NY state disability, I would have some income. But it would be less than my usual income. And I don't know how long they have to hold your job in NY...
Daniellle

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Matthew - 2/1/03
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Postby aaronsmommy » Mar 19, 2005 10:59 pm

Danielle - I couldn't find ANYTHING about them having to hold your job while you are on disability in NY. The only thing is the federal law stating that if they hold a job for someone with a disability unrelated to pregnancy, they have to hold it for a pregnancy related one. Since you said the thing about only being able to miss a certain number of days, I figured they didn't have a policy for this.

The laws here in CA are certainly much better for this! There was no paid family leave yet when I had my son, but I did take advantage of the others. Of course, I lost my job anyway, but the laws gave me enough negotiating power not to lose our house over it!

Here a reference that lists details by state http://www.toolkit.cch.com/text/P05_4402.asp
Aimee

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Postby nomore » Mar 19, 2005 11:37 pm

Hi,

i was on FMLA leave for 16 weeks (what we get in CT) when pregnant with Madison. Would of been great, EXCEPT I went on disablity in my 7th week of pregnancy and wasnt able to return full time after 16 weeks. I then LOST my job, alhtough was still able to collect long term diability through the company until 6 weeks post partum.

Sadly, I think what the company did was perfectly legal. Man, I was upset about it at the time, but now, well, Im glad I didnt have to go back to work full time after Madison was born, so things worked out for me.

I envy Canada's policys. I think I could of applied for unemployemnt after 6 weeks delivering Madison, but, I didnt want to look for a job, so, I truly wouldnt of "qualified".

This fall I missed 4 weeks of work due to HG and I do not qualify currently for FMLA or disabilty pay (since I only work 16 hrs a week). But, I never feared loosing my job. The hospital I work is actually MUCH better to deal with.

Good luck..

Robin
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Postby teddi » Mar 20, 2005 10:53 pm

Geez, I feel bad for those of you in other states. I would think CT and NY would have as many programs as CA. I'm really surprised that you don't have similar laws and programs.

As far as legal protection and programs and insurance I guess CA outpaces the rest of the nation. When it comes to pregnancy- I often hear the arguments about "why should ppl w/kids get more benefits?". Simple fact is though- it's how society works. If you want to not have children- that's great- BUT if NO ONE had kids this nation would cease to exist in a matter of decades. This gets so overlooked. Also our birth rate is now I think only 1.2, which is far below replacement level. Save immigration our nation would not have grown in population at the last census.

I really hope other states and our federal govt can continue to become more pregnant/child friendly.
Teddi
Bert , 3/2000 HG#1, wk 6 - birth, GB removed @ 16wks
Chloe & Kaylie, 12/2004 HG #2, wk 7 - birth, pre-E/pancreatitis
~Angel babe~ March 2012
~ Baby Chuckles~ July 2013
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Postby dbarr » Mar 22, 2005 3:52 pm

I think the whole disability/healthcare issue has a lot to do with the political party running NYS (and the US government) at this time. NY/Gov. Pataki keeps cutting education, Medicaid, mental health care, health care, etc. It doesn't look like any changes are right around the corner, either. (Unless anyone wants to grab a banner and lobby for HGers - we could throw up at Capital Hill and make a statement!)
Daniellle

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Matthew - 2/1/03
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