Questions about FMLA and maternity leave for anyone that might know!?

I’m going to be taking maternity leave in June of next year. I talked with my HR at my work about what maternity leave I have available to me. Apparently we use our short term disability for maternity leave so that we get paid. I get 6 weeks paid maternity leave, 8 weeks if it is a c-section. She said it also goes against my FMLA time. I asked if I could take the extra 6 weeks I’d have available from FMLA but unpaid of course. She told me that I could not take more than my 6 or 8 weeks off unless I had medical certification. Now I’ve been on the website for FMLA and I’ve also read what we have in our employee handbook at work and NO WHERE does it say we can’t take the rest of our FMLA unless we have medical certification. It does say you need medical certification if you are taking off due to the illness of a family member, but it says nothing of the sort for Maternity. She says that it should and that’s the policy. Does anyone know about this?? I was under the impression that as long as I was eligible for FMLA that they MUST allow me to take my whole 12 weeks off if I want it?? Any thoughts would be very appreciated!!

Questions about FMLA and maternity leave for anyone that might know!?
I would challenge your HR rep to confirm what they told you. I agree, from what I'm seeing on the Internet, you are entitled to 12 weeks of leave. You may be entitled to more, depending on what state you live in.





Here's some info from: http://www.babycenter.com/0_maternity-le...





How can I find out whether I'm entitled to unpaid leave?


Start by asking your company's human resources department. Under the FMLA, many employers are required by federal law to allow their employees (both men and women) 12 weeks of unpaid leave after the birth or adoption of a child. At the end of your leave, your employer must allow you to return to your job or a similar job with the same salary, benefits, working conditions, and seniority.
Reply:You are correct - as long as you are eligible for FMLA you get 12 weeks off. I'm not eligible for FMLA, but my husband is, and so he can stay home with the baby after it's born. It has nothing to do with medical certification. That's why people can use FMLA when the adopt.





Talk to HR again.
Reply:Your HR person is WRONG WRONG WRONG!!! yes, you can take off a full 12 weeks and your position will HAVE TO stay available to you. The first 6 weeks will be paid by short term disability. The second 6 weeks will be unpaid.





There is a lot of paper work you have to do for short term disability and FMLA. So make sure that is taken care of next spring before you leave. That might be the medical certification she is talking about but I have never heard it put like that.





I am due May 28, 2008 and my work has STD and I can use FMLA. I was told that I have to use all of my vacation time before I use my other leave. I haven't been there that long so it is only a few days.





I would talk to another person who has been through the maternity leave process with your work and also talk to other's from other work places around where you live. And if you think your HR person is wrong, write to the FMLA website.





Good luck!!!
Reply:As long as you have been employed with the company for one year by the time you'll need to leave, and have worked at least 25 hours a week during that year, you are eligible for the maximum 12 weeks provided by FMLA. This is assuming that the company you work for also employs at least 50 people within a 75 mile radius, but if they didn't they would not be talking FMLA anyway. You are also entitled to take this leave any way you see fit...all at once, or in segments if you choose.





I don't understand why it would be necessary for the company to need a medical certification for you take an additional 4 or 6 weeks of leave (depending on your delivery), but you should have NO problem obtaining this from your doctor anyway. Most doctors agree the more time mom can spend at home with the baby, the better the benefits.





Read the bottom of the article I posted below...it outlines what are considered violations by employers to the Family Medical Leave Act of 1993. You should be able to report a violation to the Department of Labor if you feel one has been committed.





Good luck and congrats on your future arrival.
Reply:I had a baby the very end of last year, and from my undertanding you are entitled to up to 12 weeks of time off due to the birth or adoption of a child. I got my 6 weeks paid disability followed by 6 weeks unpaid leave. I am due to take time off for the birth of a baby this spring and told my supervisor I may be taking up to 12 weeks off again. You can use up to 12 weeks FMLA per 12 months.
Reply:Some people have already posted the correct answer, I just wanted to give you another confirmation. They are absolutely wrong.





Federal law does say you must be given up to 12 full weeks - it is standard practice for doctors to give you clearance to return to work at 6 weeks or 8 with a Caesarean, but that doesn't mean you cannot take the full 12 weeks. Check out some of the links others have provided and take the material in to your H/R person. I would request a meeting with your H/R Director or Supervisor to present your material.
Reply:They don't have to hold your job with the short term disability. With the extra 6 unpaid they might not hold your position.


I'm in the same deal, My baby is due the 4th of July and I'm already out on Maternity leave due to complications.





You can get longer paid leave with medical certification.





FMLA doesn't really account for maternity...





It sucks I know, ask her for other options... or ask your doctor if he'll certify longer for other reasons, emotional, breastfeeding, etc