Have you used all of your sick and vacation time up? If you aren't able to work right now, then it is in your best interest to take FMLA time now so they can't fire you before you even deliver. As for time off with the baby, maybe HR will work with you situation you till have 12 weeks unpaid but it might be hard for them to guarantee job security. I hope it works out for you!
@Ellegee: I still have time...just not sick, but it is still accumulating. I am not off from work. I am still working.
My company won't make me take FMLA until after the baby comes (or until I choose to begin my leave). This is unless, of course, there are issues with the pregnancy that cause me to be out of work sooner (i.e. the need for bed rest or something along those lines). However, since I'm salaried, they are usually very good at working with me when it comes to Doctor's appointments or needing to leave early if I'm not feeling very well. I generally just make up any extra time that I miss due to those occasions. I also already have built in sick days that I can use so they don't require me to use FMLA for that.
I'm sorry your work is making you do this. I'd definitely check to see if they have their policy on FMLA written down anywhere so you can see if this is correct or not. Hopefully some other bees will be able to shed some light onto what their companies do as well.
@Erika_Meep: I agree. it seems way too early.
@BuffaloDots: I kind of don't have a choice. They say it is for my job security".
@PrncssDva: You need to be able to use any available sick or vacation time before you start using FMLA time. Tell HR you will be using your PTO or sick/vacation for your days off/appointments. So they're making you use unpaid FMLA time off right now for your appointments? FMLA is for when you aren't able to work...check your handbook and see if they have any reason to be doing this, but it doesn't sound right to me.
@Ellegee: Yeah, I don't mind not getting paid for the time. I just think that i should haev the option. I don't want to use up my FMLA before she even gets here. I am so confused.
I'm signing up for FMLA at week 13 just to cover myself bc of my jobs attendance policy. I wasn't aware that it eats up the 12 weeks post partum. Luckily I have scheduled appointments outside of my shift and haven't had to miss due to symptoms or anything. That sounds wrong :(
Just for clarification--are you taking any time off now related to your pregnancy? If you're not, then filling out the FMLA papers now isn't causing you to lose any of that 12 weeks.
I agree with letting them know that any time you do take off related to your pregnancy will be used as vacation or sick time until you either deliver or run out of sick/vacation time.
It could be that you're filling those out now just to have it in place when you do deliver.
@MyFavouriteChords: That's basically what their reason for me signing up sounds like. I am just going to continue to make my appts as late as possible. :(
@kybride: Ok here's clarification: They are saying that I need to start using the FMLA now. I took off one day two weeks go from being sick. I had sick time to cover half of the day. If you call in they don't let you use vacation anymore. So, if I go to a Dr. appt and leave 2 hours early, for example, I will have to use two hours towards FMLA.
I could see them having you "start the clock" for Dr appts having to do with your pregnancy..... but not sick time. FMLA has to be for the care of a family member. Not the care of yourself.
I would go talk to HR again and clarify who is TRACKING this time off.... it should ONLY be for times that you take "extra" time or breaks due to your pregnancy / birth of child / nursing / if the baby gets sick etc when you return to work.
Ellegee You don't use paid time BEFORE FMLA.... you use them at the same time, if you have paid time left. So, if you have accrued 12 weeks of vacation.... you COULD take all 12 weeks paid AND use your FMLA time. FMLA just guarantees you the RIGHT to take up to 12 weeks TOTAL and your employer can't replace you for being gone that much. FMLA doesn't have anything to do with using benefit time or pay to get paid for that 12 weeks.
And yes..... lots of time people will go "out" early, then stay "out" and max out what they are allowed - the full 12 weeks. Then 4 months later, but still in the same calendar year their baby gets pnemonia or whatever and they have to be off work for 3 more weeks..... and their employer said they can't take off another month..... so you want to make sure your goal is not to "max out" your FMLA time with just the birth. Know that SOME employers will have you use that time for nursing / sick care for the newborn etc.
Not sure. Seems like companies are making their own rules. My husband put in to take FMLA while I have the baby and to stay home with me. He asked to start the week before my due date in case I pop by then. And he asked for just 30 days. Being a pilot he was worried about being out of the country and me being by myself. They told him no that he couldn't start it until my due date! Seriously!? He has sick time but no vacation time.
I don't know all the rules since I've been out of HR now for 7 years but you might ask for your companies policy on how to use it.
@3xaCharm: As a former HR admin and someone who has taken her own FMLA leave due to delivery/pregnancy, I understand.
I'm trying to ferret out a reason why OP's HR might be making her use her time now. If she's out of PTO, then they would be within reason but if she has PTO left then she needs to be using that for her appointments/days off rather than using hours/days that she would have preferred to use post-delivery.
OP, looks like you clarified...if you don't have PTO available to you to use for your time out, then they can ask you to start using FMLA time rather than just "unpaid time off" that could potentially threaten your employment status.
I think what they are suggesting is fair and correct. You are using "intermittent FMLA" now until you have the baby. This allows you to take the time off without getting written up/fired for it. Hopefully you get new sick time available to use at the beginning of the year?
I have a flexible work schedule so I am not impacted by the doctor appts, etc. Plus I still have 8 days of sick time left for this year.
@Ellegee: I do have Vacay time still, though.
@peanuthead: yes, that is exactly what they called it. Or time starts over in March/April...which is after the baby gets here :(
@PrncssDva: FMLA should run calendar year (don't quote me tho...check with your HR rep and FMLA rules). So if you start using FMLA today and use 1 week of it between now and the end of the year, then you should get a whole 12 weeks beginning January 1st.
I definitely don't think this is a bad thing. If you are missing work and don't have the sick time to cover it, then it's in your best interest to use it.
@peanuthead: oooh..I'd love to thin kthat it runs calendar year. That woul dmake me so much more happy!
If they tell you it's for your "job security" you could tell them you've lawyered up "for your rights". Sounds like they either don't understand the law, or don't care about enforcing it properly.
So I emailed HR. Anytime I do call out pregnancy related it counts toward those 12 weeks. So schedule carefully I guess. I mean I can still call out "sicK" and not have my MD write a note then it wouldn't be FMLA just a normal absense. She also said that FMLA is active for a year after you first use it, she suggested that some people choose to not take the full 12 weeks after labor and save some days in case the baby gets sick / for doctors appointments.
@MyFavouriteChords: Sigh...that's what I was afraid of. Thanks for checking
Most companies require you use up all of your sick leave and annual leave (or paid time off) before using your FMLA leave. I don't believe they can force you to use your FMLA leave before you run out of your other leave. If they try to then speak to the HR Director and if they still say that is how it's done then I would find other reasons for those pre-labor and delivery doctors' appointments that are not related to pregnancy so I could use up my other leave first before dipping into FMLA.
FMLA does not restart on January 1st. You can use a total of 480 hours of FMLA per every 365 days. So if you start using it on November 20, 2012, you can only use 480 hours (that can be total days of 8 hours or partial days when you have doctors appointments.) Once you run out of 480 hours, you would have to wait until after November 20, 2013, for the FMLA to roll over and then you would have another 480 hours.
@beachbride1216: Ok got ya, Thanks
I am an HR Manager and thought I could contribute. Please check out FAQ's about FML at DOL.gove- department of labor website. Employers who are subject to compliance with FML Act do have options on how they administer FML.
- cane be manged using a calendar year or rolling 12 months. Example- I first use FML on June 1. I am eligble for 12 weeks of leave from that date
FML is available for the employee or employee's family member. The list of covered family members is on the web site.
Employers can require employees to utilize FML concurrently with available paid leave.
The Act requires employers to extend FML to employees if they could reasonably assume that absence could be covered by FML
Review the DOL website and your employee handbook to verify how FML is managed at your workplace.
I am an HR Manager and thought I could contribute. Please check out FAQ's about FML at DOL.gove- department of labor website. Employers who are subject to compliance with FML Act do have options on how they administer FML.
- Can be manged using a calendar year or rolling 12 months. Example- I first use FML on June 1. I am eligble for 12 weeks of leave from that date
FML is available for the employee or employee's family member. The list of covered family members is on the web site.
Employers can require employees to utilize FML concurrently with available paid leave.
The Act requires employers to extend FML to employees if they could reasonably assume that absence could be covered by FML
Review the DOL website and your employee handbook to verify how FML is managed at your workplace.
@Rhondaq40: Thanks for the info. The handbook only states how much time we get off. It doesn't say anything about using it for Dr. Appts, etc.
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Beekeeper
My job made me sign up for FMLA now (6months). They said that it is to secure my job when I take off for being sick and going to the Dr. This is going to eat away at how much time I can take off after I have the baby! Has anyone else had to do this?