Found out FMLA not approved 7 weeks into maternity leave

posted 3 years ago in Babies
Post # 31
Member
89 posts
Worker bee

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hollyberry4 :  I am so sorry to hear about this! You are right, you should get the fll 12 weeks. Get that doctor’s note. At my place of work, if you have a C-section, they can’t contest the leave. Also, have the doctor indicate what the maximum amount that you can work is, so that way you can continue to heal. In the meantime, can you get in touch with a disability lawyer? Because what your school is pulling is complete bull. 

Post # 32
Member
1856 posts
Buzzing bee
  • Wedding: July 2015

Can you get approved for two weeks unpaid leave?  Since you already have a sub, the only issue might be health insurance, and perhaps you could agree to pay the difference for the two weeks?  It might not be financially what you were hoping, but at least you wouldn’t have to leave baby and find childcare.  It would be worth asking in my opinion.

Post # 33
Member
2453 posts
Buzzing bee
  • Wedding: June 2017

You can double check with your husband’s HR, but loss of insurance does count as a life event that allows you to enroll off cycle, if necessary.

I would also talk to the union about them possibly going for proper notice on whether leave is approved or not. Our contract has a stipulation that we have to have approval or denial within a certain time period for pre-planned leave.

Post # 34
Member
366 posts
Helper bee
  • Wedding: July 2019

I’m a HR practitioner and I have to admit your HR is a dick. However, one PP has a point, when you apply for leave, you should have made sure you got the necessary approvals first before assuming it’s been approved.

Please don’t cry. Try filing a case to your union. I’m sure there is some work around, or at least try to get exceptional approvals.

All the best, bee.

Post # 35
Member
197 posts
Blushing bee
  • Wedding: July 2011

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MsPlucky :  As I told her, losing her insurance is a life event no matter when it happens.

Post # 37
Member
3271 posts
Sugar bee

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ohitsheragain :  Right, which you said after I made my two suggestions. I was answering the questions you asked me. 

Looks like OP has some viable options, so alls well that ends well. 

Post # 38
Member
2200 posts
Buzzing bee

This is so shitty of them. I would quit, not go back at all and find another job in the meantime. I think taking 2 weeks unpaid is the only option. Our family is out of state also, and while doable, everyone would have to really scramble to find childcare earlier than expected.

Post # 39
Member
2499 posts
Buzzing bee
  • Wedding: September 2018

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courtja :  Yes, that’s true, but she doesn’t quality because she didn’t work enough hours. 

Post # 40
Member
948 posts
Busy bee
  • Wedding: August 2015

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hollyberry4 :  If you do end up being allowed to take that time unpaid, make sure you know all of the details and requirements of that, too. In my district, and I’d assume others as well, you are still responsible for paying all of the insurance premiums and whatnot for the period you’re gone, and for most people it ends up being extremely expensive.

I hope one way or another it works out! 

Post # 41
Member
1412 posts
Bumble bee

FMLA is for UP TO 12 weeks in a 12 month period. You can request/be approved for less. I took FMLA last year to care for a parent and I was allowed to pick & choose how long and when FMLA was effective.

It can also be used for ongoing docs appointments: ie. you have surgery and take 6 weeks of FMLA, then you take (2) 1/2 days a week for 5 weeks- that would be 7 ‘weeks’ of FMLA total. 

Post # 42
Member
505 posts
Busy bee
  • Wedding: November 2017

wow the USA’s mat leaves makes me angry! What a joke it is! I don’t understand how in today’s age and time it can still be this way in one of the largest 1st world countries in the world???
I am sorry you are going through this 🙁

Post # 43
Member
1469 posts
Bumble bee

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lori85 :  I was thinking the same thing! 

Wish there was a way I could help bee! So sorry this is so unfair. I also vote for quitting but understand that might not be an option for you. 

Post # 44
Member
9819 posts
Buzzing Beekeeper
  • Wedding: August 2012

@knickergold
That’s not true. Everyone who qualifies for FMLA gets the full 12 weeks according to federal law. OP’s issue is she doesn’t even qualify; they have very strict guidelines on it. Basically she’s at her employer’s mercy here.

I’m sorry you’re in this position OP, but I wouldn’t lose my job or my insurance coverage over 2 weeks. I know it totally blows leaving your baby earlier than expected, but it will be fine in the long run.

Post # 45
Member
1412 posts
Bumble bee

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Westwood :  Yes, 12 weeks in a year. But I was replying to someone who said you have to use it all at once, which you dont. 

As she doesn’t technically qualify for ANY, it’s true, it’s quite nice her employer is giving her 10 weeks. They could’ve just as easily let her go.

We had a temp (who had just become full time) become preganant and throw a HUGE fit when she found out that she wouldn’t make the 1250 hours. They told her that she could use vacation & sick leave but at 3 weeks ahe could return or be let go. She came back. And threw fits daily. So she was let go.

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