(Closed) New job – not qualified for FMLA

posted 4 years ago in Pregnancy
Post # 16
140 posts
Blushing bee

MsNightOwl9:  The previous posts are correct, you must work there 1 year and have also worked 1250 hours in that year. I would suggests speaking asap to the HR person at your new company. Typically employees can get a leave without pay scenario when they don’t qualify for FMLA. However, the majority of short term disability plans do require a waiting period until you are eligible to make a claim related to pregnancy/delivery and if you’re already pregnant, they won’t cover it, unfortunately. They may be able to work with you, but you may not get what you want (ie, it may not be paid, it may be shorter than you want).

I also second the idea that this should make you mad. Our policies on maternity leave in America are severely lacking. We’re one of 3 countries in the world with no paid maternity leave for a mother (US, Suriname and Papua New Guina).

Post # 17
7663 posts
Bumble Beekeeper

MsNightOwl9:  Check your state regulations because some have additional leave policies that apply. For example in Massachusetts they have to hold your jobs for 8 weeks if they have 6 or more employees and you’ve worked there for at least 3 months. 

Post # 18
9161 posts
Buzzing Beekeeper
  • Wedding: October 2013

MsNightOwl9:  some companies provide an STD policy that you pay into when you start but some companies don’t.

if you buy a STD policy like Aflak, the effective date of the policy needs to be before the conception date. 

so yes, people who switch jobs wouldn’t quality.

i work for the federal government.  we have no maternity leave it they don’t offer an STD policy.  i could have bought one but didn’t.

i have to use my sick and/or regular leave for any time i want off.  i could also take time off without pay.  but my household could not afford that.

Post # 19
1868 posts
Buzzing bee
  • Wedding: June 2012

I am sorry you are dealing with this situation but the important thing is that you are pregnant. Yay! 

It is important to talk to the HR rep and see what they might be willing to do. My friend took a job and found out she was pregnant, its a small company so FMLA rules dont apply but they said they would keep her job and allow her to work part time. Maybe this is something you can work out. As far as payment for disability goes, insurance wont cover it but the company may pay you separate from that?

Post # 20
5894 posts
Bee Keeper
  • Wedding: April 2013

MsNightOwl9:  I would learn as much as I can from materials provided before approaching you new boss about it.

1) I would use the plan materials provided by your new employer to educate yourself on the details of their STD policy to see if you’ll qualify for any pay.  You can call the insurance company directly, it’ll look weird if you ask HR about this durring your first month.

2) Check out their employee manual to see if htey have any special mat/family/parental leave benefits provided to new parents.  

3) Ensure that you know what leave/pay benefits your state provides and figure out if you qualify (for example, in California you wouldn’t qualify for CFRA, but you would qualify for PFL and PDL).

Then, I would talk about it with your manager when you thought the time was right to tell him/her about the pregnancy.  Maybe at 3 months?  At most places they are going to be happy for you and work with you, assuming you’re doing a good job.


Post # 21
4426 posts
Honey bee
  • Wedding: December 2013

MsNightOwl9:  I’m 38 weeks pregnant and about to take leave at a job I’ve had less than a year. I do not qualify for FMLA as I have not met the requirements: 1. There a year OR 2. 1200+ hours. I do qualify for short term disability (6 weeks from baby’s birth), but that is the short term disability offered by the district meaning it’s unpaid. You cannot get private short term disability and have it pay out if you are already pregnant when you get it. If you get this job, I would wait until you are around 13-14 weeks and talk with your boss. There are often other policies in place to provide some leave as you need it medically to recover and most companies will work with an employee. 

Oh-see if there are any other programs in place to help those who don’t qualify for paid leave. My new district has a Leave Bank program. We get 10 days off during the school year. I joined the program, donated one day off, and I return can get 25 days in a row off paid! This covers all but one week of my leave and I will use remaking PTO first before my leave bank goes into effect. 

Post # 22
3607 posts
Sugar bee

MsNightOwl9:  Have you already accepted the job? I was TTC when I switched to a job that didn’t qualify for FMLA and I was able to get the company’s leave policies and benefits information before making a choice. Also, depending on the company they use for disability, you very well could qualify, but its something you’d need to check on with the STD company. For example, Aflac doesn’t allow for pre-existing conditions and has a coverage requirement before you can use it but Aetna on the other hand has no conditions for its short term disability. These are all things you really need to ask the company about, and I personally would do it before accepting a position if it’s not too late. I was able to work out 12 weeks of leave, but it’s a combination of STD, PTO, and unpaid weeks even though I haven’t been at my company for a full year.

Mrs. Honeybee:  Unfortunately this is not true. Only companies with 50 employees within a 75 mile radius have to follow FMLA. I work for a company with 200 employees, but because I work from home and the closest office to me has less than 50 employees, I do not qualify.

Post # 23
1514 posts
Bumble bee
  • Wedding: May 2014

MsNightOwl9:  it really depends on the company.  My company requires STD for everyone and you’re covered as of your first day.  A portion of maternity leave is covered under STD at my company.  I had always heard you had to have it for so many months before using it but it really just depends.

Post # 24
6877 posts
Busy Beekeeper
  • Wedding: June 2011


Mrs. Honeybee:  A lot of companies you have to be there a year before you can qualify for FMLA. 

Post # 25
3352 posts
Sugar bee

OP – keep in mind that FMLA and STD are for two different reasons (FMLA is job protection, STD is income replacement).  One protects you from being fired if you take time off for baby bonding and may or may not pay you, the other replaces the missing income but does not hold your job for you.

Post # 26
928 posts
Busy bee
  • Wedding: May 2011

whitums:  Sassygrn:  You guys are right! My mistake. Hopefully your new employer will be generous, OP! Best wishes to you and your little one. 🙂

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