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When did you take your leave? FMLA questions.

Posted by on Dec. 11, 2016 at 5:30 PM
  • 20 Replies

So I recently took FMLA Leave to have my second daughter. Neither of my managers or HR explained to me that you basically have to wait until you go into labor to start the leave, and I didn't know. So HR asked when I planned to start my leave and I told them October 16th, 3 weeks prior to my due date. (My DR had been talking about inducing me and I wanted to have the opportunity to rest up before I had her). As the date got closer I asked if I could work past that day since my Dr hadn't sent in the paperwork about my pregnancy and I hadn't been approved yet. HR told me no, that I had to start my leave when I had requested. So I took my leave. Now, I'm being told that since the Dr didn't pull me out of work, it will basically be like I just didn't show up to work for 3 weeks and that there might be consequences.

I don't know what to do because I don't the Dr will approve my early leave since there wasn't any medical reason. I feel like the people in charge should have known that I couldn't leave without that approval, yet nobody told me. So I feel like that kinda falls on them, but I know that won't really make a difference.

Has anyone else had this problem? What happened? What, in your opinion, should I do?

by on Dec. 11, 2016 at 5:30 PM
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Replies (1-10):
SRUsarahSC
by on Dec. 11, 2016 at 5:33 PM
Tell your doctor what is going on he will write a note I bet. I always waited until the doctor told me no more work before I stopped (I literally worked a half day and then had a c section that night) but my understanding was FMLA was for a total of 12 weeks, not necessarily paid, during the first year that you have the child anci know plenty of women who started leave a week or two before delivering
xLadyMorganX
by on Dec. 11, 2016 at 5:42 PM
My coworkers/managers kept asking me when I was going to take my leave so I finally just picked a day. And my Dr kept asking if I was still working and acted super surprised that I worked as long as I did, but never offered to take me out. So I almost felt compelled to take my leave.
I really did NOT want to go into labor while at work. Or to go into one of my appointments and be told they were going to induce that night (that's what happened with my first).
With my first daughter I had to stop working at about 6 months because I got carpal tunnel so bad I couldn't do my job. So I had to just quit that job and reapply after I had her.
LalasMommy1125
by Member on Dec. 11, 2016 at 5:43 PM
Just tell the doctor they will most likely give you the note. I left work and went to the hospital to give birth :)
xLadyMorganX
by on Dec. 11, 2016 at 5:43 PM
Thanks for the suggestion. I really hope my Dr will help me out.
xLadyMorganX
by on Dec. 11, 2016 at 5:45 PM
I can't imagine working up until I went into labor! Kudos to you moms. (:
ljmom24
by Silver Member on Dec. 11, 2016 at 8:49 PM
I work up until two before I gave birth with both kids. Witt my oldest i had to leave work cause I was bleeding and he induced 2 days later. My leave started the day i left but I had to use sick time. My company pays 2 weeks maternity full time and 6 weeks 60% but that doesn't start until you physically give birth. Some girls work to due date or birth and othenot s leave early. My dr always asked how long I wanted to work.

I'm wondering if the issue is how the paper work was filled out. I've done fmla for both child birth and other medical needs and dr fills out leave info. When I took for my son's surgery the dr had me fill me in the dated of the leave mostly when I wanted to come back. With surgery there was a clear start date.

I always wanted the time for after the baby so I went as long as possible but I have coworker's and friends that went before. It's all in how the paperwork is filled out. Since most of my coworker's commute via public transit their dr don't have an issue pulling out a week or so early just in case. I know some dr aren't comfortable fudging paper work
calsmom62
by Gold Member on Dec. 11, 2016 at 11:01 PM
There are two types of leave involved here- the pre delivery leave, if there were no medical complications, would be personal leave-- assuming you were clear with managers and or HR that your due date was xx/xx, but you were going out a bit early, and you were approved, you should be ok. Then the up to 12 weeks for birth and bsby bonding. But remember you are in essence telling your job you will be gone for fifteen weeks -- depending on your position it can seriously impact business. If in the other hand when you left, the company assumed you were going out to have the baby at that point or that your dr probably put you out, the burden is on you to provide certification that all of your leave is FMLA certified. You have 15 days (and a seven day appeal period if you are denied )from the date you were mailed /emailedthe fmla paperwork in which to complete the documentation.. If you can't document medical need you could be subject to disciplinary action for those initial three weeks. You could choose to return right at 12 weeks from the date you went out, and that way too you have some FMLA time available for baby's first year for bonding.... Did they give you info on FMLA when you requested leave?
M4LG5
by Valeri on Dec. 12, 2016 at 1:00 AM
I did with my first because it was in the middle of summer and I didn't have air conditioning at home so I went to work for the A/C. Haha. Luckily it was slow during the summer.

Quoting xLadyMorganX: I can't imagine working up until I went into labor! Kudos to you moms. (:
ljmom24
by Silver Member on Dec. 12, 2016 at 1:33 AM
That was another reason I stayed with my first. Course getting to work was tough but once I was there the ac was glorious. I had big time prego brain so they had the guy that was covering when I was gone do
must of the work and that way I was there for questions and then did mindless data entry in my wonderful ac. Plus at home the bathroom is upstairs but at work it's all on same level


Quoting M4LG5: I did with my first because it was in the middle of summer and I didn't have air conditioning at home so I went to work for the A/C. Haha. Luckily it was slow during the summer.

Quoting xLadyMorganX: I can't imagine working up until I went into labor! Kudos to you moms. (:
deccaf
by Group Admin on Dec. 12, 2016 at 9:52 AM

Since Steph was 4 weeks early, I took leave starting the day after she was born.  Definitely aske the doctor for a note stating that you should have been out of work.

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