medical v. maternity leave

Hello and congrats twin moms to be! I am 25 weeks pregnant with twin boys (not sure if identical or fraternal) and am so loving this site and all it has to offer! I was wondering... I live in Florida and was not sure how the whole medical leave/ maternity leave technically works.

Say that I am told, or advised, to stop working 1 month before I actually have my babies. Does that month count against my maternity leave time, therefor leaving me with only two months to bond and adjust and recover etc, etc? Or is that considered medical leave? Does the 3 months we get start from the date of babies' birth or from when we leave work. I am so stressed because I am afraid that if i have to leave early, that it will take time away from me being with my babies. If someone else lives in Florida and knows how it works, I would really appreciate any feedback. It's starting to get difficult to get up and going in the mornings, sciatica like crazy! (ya'll should see me trying to put on my underwear!lol) I'm not sure how much worse this is really going to get...first time mom that I am. Any responses would be greatly appreciated! Happy New Year to all and God bless your pregnancies!

 

Welcome to TS and congrats!!! Twin boys rock!!! :itwins_boys:

Dianna

 

I don't really know about the leave question, but I am right there with you on the sciatica and trying to put underwear and pants on. It gets rather comical sometimes.

 

FMLA protection (the 12 weeks you are guaranteed by your doctor) starts the day that you stop working because of a medical condition. You will also need a written statement from your doctor before you will be allowed to return to work, typically 6 weeks for a singleton pregnancy. That is a federal law.

Beyond that, it is on a per-company basis so you'll need to talk to your HR rep. I know at my work we have a "disability specialist" who only deals with FMLA!!

 

For me I am out on medical leave right now (have been out since 22 weeks), but will have maternity leave starting after the babies are born for 12 weeks. The pp is right about federal law so it really does depend on your employer.

 

The time off before the babies are born counts as medical leave, then after maternity leave. BUT...it all counts towards your FMLA, which nationally is 12 total weeks. I'm not sure, Florida may be more (I know some states give longer).

So, in my example, I was put on hospital bedrest at 24 weeks and went on STD. I was on STD for 7 weeks before the babies were born, which also counted as 7 weeks towards my FMLA max of 12 weeks. Then my babies spent 5 and 6 weeks in the NICU, so technically my FMLA was up before I ever brought a baby home. After your FMLA time is up, you could still be being paid STD but your job is not protected.

Thankfully my boss was cool and worked with me. And since I blew out my sales goals that year, all was good and I took the time I needed.

 

pp is correct...medical/maternity leave is the same when it's dealt with as far as FMLA is concerned. it's all bundled together into the same 12 week period. However, your state law may vary from that. whichever benefits the mother the MOST is most relevant.

For example...in the state of OH...pregnancy is viewed a bit differently. Any employer must give a pregnant woman a "reasonable" amount of time off of work for pregnancy or pregnancy related complications. Which mean, irregardless of if they qualify for FMLA, the employee must still give 6-8 weeks (typical recovery time for pregnancy) off to the woman.

Another example (again, in OH). I went off of work at 27 weeks b/c of bedrest. I was off work for 7 weeks (applied towards my FMLA) and at the time I had the babies, I only had 5 weeks of FMLA remaining. However, techically, I had to be given 8 weeks off after the time of the birth to recover from my c-section (which means my entire leave would've been 15 weeks).

Unfortunately, if your state does not have a seperate pregnancy related law and you are only governed by FMLA, they don't technically have to hold your position longer than the 12 weeks you are given off. It sucks, but after the 12 weeks, it's usually completely up to the employer unless some other law dictates otherwise.

At my job, i was "let go" b/c I was not able to return after the end of my FMLA and pregnancy leave time. My twins were in the NICU for 3 weeks and then I had to have my gall bladder removed 2 weeks after they came home and there was no way I could've been back to work with newborns and 2 surgeries at that time. So, I didn't technically resign, but let them "term" me from my position. I ended up fighting it and collected unemployment at that point. The temp (who was covering my maternity leave) eventually resigned from her position when my twins were 4-5 months old) and I ended up coming back. I have been back for the past 2 years. Not sure what I'm doing this time around

 

You need to check into your state's maternity laws.

When I had the twins, I went off work at 29 weeks. The twins were born at 37 weeks. In going by FMLA, I would have had only about 4 weeks after the twins were born before having to go back to work. Mass. state law for Maternity leave is 8 weeks per baby AFTER the birth. So, with the twins, I was allowed to take 16 weeks off after their birth to stay home with them. With Liam, I left work a week early and so was allowed 11 weeks after his birth (at which time, I resigned).

In order to qualify for FMLA, your company has to employ at least 50 people. If it is smaller, they don't have to comply. Also, pay issues are based on the individual company. For me, I had been with the company 11 years when I had the twins. I got full pay for short term disability from the time I left work, I was then paid for 8 weeks (because of c/s, if vaginal it would have been 6 weeks) and then took some accrued vacation time).

FMLA

 

Sometimes short term disability is a better option depending on your place of employment. Also, you can file for short term disability and if your tiwns are in the NICU you can then file for FMLA. At least that's how it was explained to me by my work (in IL).

 

QUOTE(amyjoy3 @ Jan 4 2008, 02:44 PM) [snapback]557146[/snapback]
Sometimes short term disability is a better option depending on your place of employment. Also, you can file for short term disability and if your tiwns are in the NICU you can then file for FMLA. At least that's how it was explained to me by my work (in IL).


I believe with the federal law, that your STD time runs concurrently with the amount of FMLA time your employer is required to give you. But again, each state and company is different.

 

FMLA does vary by state. I live in NJ and was put out of work at 15 weeks, there for my 12 weeks will be up soon at 27 weeks. Since I will still be pregnant hopefully for at least another 7-8 weeks after that my employer has informed me they will not hold my job due to the duration I will be out of work. I am still entitled to disability for as long as my doctor says I can not work (which will 6-8 weeks AFTER delivery) and then I will be eligible for unemployment.
My employer did tell me if I was put out later in this pregnancy I would have been entitlied to up to 12 weeks for myself and then 12 weeks after the babies were born, but due to when I went out it did not work for me. I would talk with HR to find out what your employer allows and obtain the state law in Florida.
Good Luck

 

I would go to your states website and find out what the law is. Some states have stricter laws than federal FMLA and you have more rights. I am currently involved in an civil rights case here in Iowa with my former employer because I was denied maternity leave with my last child. Every state is different so check it out. Here in Iowa it is mandatory up to eight weeks maternity leave without exclusion. Florida could have a similar law. Also check the disabilities act for your state as maternity is considered temporary disability. Know your rights.

Good luck.

 

Try laborlawtalk.com they have forums on maternity leave, pregnancy laws by state and anything pertaining to the law.

 

I delivered my kids via a scheduled c/s at 38 weeks and stopped working (no complications, I just couldn't handle the drive and sitting at my desk all day) about three weeks before the kids were born. My time off before the kids were born was considered STD, but counted against my 12 weeks under FMLA. Because of the c/s, my OB signed me out for 8 weeks. I was able to take 12 weeks off after the kids were born, but the last 2 (once my 12 weeks under FMLA were up) was unpaid. I have worked for my company for 10 years, so they werre very understanding about my situation before and after deliver. Every company and every state it sounds like has different rules. Good luck.