For those of you that know anything about FMLA and maternity leave!!?

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!!

For those of you that know anything about FMLA and maternity leave!!?
The reason you get the 6 or 8 weeks in the first place is because of maternity disability. The key word here is disability. If you have dr certification that your disability is longer that the 6 or 8 weeks, they have to hold your position and count it against your FMLA, unless to do so would cause undue hardship on the company(just another clause, don't worry about it). If you live in CA, you can take an additional 6 weeks of Paid Family Leave. I would check the law in your state and you can always call these government agencies. They are very helpful to the employee, usually and will give it to you straight.





Congratulations! I am so excited for you! Please don't worry yourself too much about it. Babies like calm mommies.
Reply:There's the part about medical certification : found at the DOL website.





(g) Records and documents relating to medical certifications,


recertifications or medical histories of employees or employees' family


members, created for purposes of FMLA, shall be maintained as


confidential medical records in separate files/records from the usual


personnel files, and if ADA is also applicable, such records shall be


maintained in conformance with ADA confidentiality requirements (see 29


CFR Sec. 1630.14(c)(1)), except that:


You should have no problem getting a doctor to attest to the birth of your child which is all that's really necessary.


It is a very simple record keeping requirement.





Enjoy your new addition- good luck
Reply:Well, it appears the company is trying to prevent its employees from tag-teaming medical and FMLA.





As everything, there are pluses and minuses. I think it is laudable the company is trying to give you payed leave. They really don't have to do that if your are exercising your FMLA rights.





However, if you want the whole 12 weeks, you probably need to get all of them under the FMLA, unpaid, of course. You'll probably have to send the company something in writing telling them that you are electing your 12 weeks under the FMLA.





Even though it is laudable they are trying to give you paid time off, they are using it as a device to get you back sooner. Because of the cost to the company, they would rather have you gone only 6 or 8 weeks, rather than 12. All that time, they either have to split your work among current employees, or hire temp help to pick up your load.





** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
Reply:Better go back and reread FMLA, you can not qualify "without" a doctors certification for FMLA
Reply:I was fired after taking 6 weeks for my Hysterectomy. I'm sorry you are having issues. I wish I knew the answer....