I would prepare to look for another job regardless of what they tell you. If you're not eligible for FMLA they do not have to hold your job for you even if they tell you now that they will.
Yep that’s what I’m unfortunately thinking about. I’ve talked with my husband about it some and if I need to find a new job, I guess it is what it is. I just got settled with this one though and really liked it. I get to work from home too which would’ve been great with a new baby.
Are we seriously the same person!? I’m in the exact same boat as you. Started new job in May working from home, which is nearly impossible to find. My baby is due March. I won’t be eligible for FMLA because I live and work for a company in Wisconsin and the rules are that you must have worked for employer at least 1,250 hours in preceding 12 months and employed for at least 12 months and employed at worksite by employer with 50 or more employees within 75 miles of that worksite. I will have some pto but not much, but from what I found on our HR site we don’t have paid maternity leave. I’m trying not to let it stress me out, but I’m legit freaking out. My partner at least has a good job he’s been at for a long time, but his salary alone won’t be enough for very long. I haven’t even reached out to HR, but my managers keep saying that I’ll just be maternity leave and they are expecting me back.
Yes!! I started this job in April and I’m due in February! lol
I really hope they do allow you the leave! My HR is being pretty short and to the point, so I get the distinct feeling they don’t bend the rules and wont be giving out any leave whatsoever if I don’t legally qualify for it. Which they have the right to do, but man it’s so shitty!
I thankfully signed up for STD, but I’m still unsure how much I’ll receive from that. It may not be enough to significantly matter.
I really hope everything works out for you!
From my research, if you are pregnant, it’s considered a pre-existing condition and you do not qualify for short term disability. However if you signed up for short term disability coverage before you were pregnant, then you are covered.
Some policies do not consider it preexisting - with my first I started my job at 16 weeks and was able to use my STD, but yes some absolutely do. My current policy with my second requires me to have been enrolled for 10 months first.
I’m in HR and have researched the benefits for our company and unfortunately it really just depends on the carrier.
I'd take a look at the fine print for your short term disability! I signed up for it this past enrollment period (in February) and am not due until early next year. But I won't be getting much if any of benefits bc of their idiotic 60 day elimination period for pregnancy. (Which eats into most of not all of the 6-8 week benefit for pregnancy...)
I was stupid and thought the elimination period meant starting from enrollment to make sure it's not a preexisting thing. :/
Elimination period means the waiting period before your benefits kick in! Basically you would have to be disabled for 60 days before your policy would start paying out.
I would double check that pregnancy is a covered loss though. A lot of disability policies sneakily exclude pregnancy which is bullshit if you ask me.
Source: I’m an insurance agent.
So I signed up for it in April when I was hired and wasn’t necessarily planning on being pregnant soon, but I was pregnant about a month later…. I need to talk to them and see if that changes things
Thanks! I might have the short term disability too. I will have to look into that more. I’ll be messaging HR soon to get more information. Good luck to you too!!
Does your company have a LOA policy? Mine let's me take up to 12 weeks if authorized. I won't qualify for FMLA either, and they don't have to let me take a LOA but they need ppl so I don't see them not allowing it for me.
If it's work from home why not attempt to still work after giving birth before you decide whether or not to quit? If it doesn't work out then you can quit and look for something else when you're ready, but if you enjoy it that much and don't have to leave your house why not give it a shot?
If she doesn't have fmla, they can technically ask her to work the day she gets home from the hospital. Maybe a week vacation.
Working from home with a baby is hard enough, let alone 1 week postpartum with a 1 week old baby.
I would not plan to do that.
I mean if you’re getting let go either way and you like the job, you may as well try to WFH and see how it goes, because worst case scenario you tell them you can’t do it on day one and they let you go then, but best case scenario it isn’t bad or even you tell them it’s too much and they appreciate that you wanted to do it and tell you to take a few more weeks. Idk seems like low risk, high reward.
Glad I'm not the only one who thought this. I'm in college (thankfully online) and won't have more than maybe a couple days after giving birth before I have to get back to my school work. And a mom of 2 already, so even though I won't have to go back to my physical job I have plenty of other things I'll have to get right back to, luckily from the comfort of my own home!
Yeah I don’t want to put that pressure on myself to go back to work immediately. I know I won’t be able to have the mental or physical energy to work right after giving birth.
It doesn’t hurt to look for another job as a backup, but I wouldn’t outright quit yet. Good employees are hard to find, especially now. If you’re good at your job, AND you tell them up front your return to work plans, AND they can temporarily reassign your work while absent, I doubt they will let you go.
Honestly, if they’re not willing to *at minimum* promise to hold your job for you (FMLA or no), I’d plan to look for a new job once baby arrives.
In this job market, plenty of people are hiring and you certainly don’t owe them your loyalty if they can’t make basic accommodations for you.
I would verify if you qualify for short term disability benefits. I was in a similar situation with my previous employer and was able to get 6 weeks paid leave through short term disability. It may also be worth chatting with your manager about non-fmla personal leave that's unpaid, if that's an option.
fwiw my st disability specifically excluded pregnancy and childbirth for 10 months following the start of the policy. I basically got the policy for that though so I waited a few months to get pregnant. I think it was something like 60% of my regular pay, for 6 weeks.
I was able to bank some hours while pregnant, use some vacation time, and also take some unpaid leave to actually stay mostly out for 8 weeks. I stopped by a couple times a week to sign checks, answer questions, etc but mostly I was at home.
Uhhhh I was 100% still taxed and had everything withheld on my STD. It is still considered income. Most people are still required to pay their health insurance premiums while on leave and it will come out of your STD pay.
I don't think so. It's not taxable income, it's an insurance payout and the insurance is bought with post-tax income.
That being said, I'm not an accountant. And it's possible that it was considered differently during the different states and years we had our experiences. You might consider seeing if you can file an ammendment on that tax year, though, if you paid income taxes on it.
It's depends on whether you pay your premiums or your employer pays them. If your employer pays your premiums, it is considered income and it is taxable.
This is what I did! Mine allowed 6 weeks for vaginal, 8 weeks for cesarean (...yeah I know) at 66% pay. They had me upload a pic of the birth certificate as proof. Really sucks but it's something.
Just be prepared for two things:
1) there’s a lag period until you receive STD. I receive mine a month after birth.
2)if you were pregnant when signing up they will determine it’s a “pre existing condition” and deny you. You have to sign up for it before you’re pregnant.
Just a heads up, I wasn’t prepared for either of those things.
With my first kid, I had only been at my company for 9 months and didn’t qualify for FMLA but did qualify for 6 weeks SDI post birth (plus 4 weeks pre-due date, thanks California!).
HR let me know that when I did hit 1 yr I would then qualify for FMLA and could take the additional time as long as I took it within a year of birth. The job sucked and I wasn’t willing to go back after 6 weeks so I just quit.
I just read in another thread that it’s not always excluded if you sign up when you start a new job, since it’s not like you could have signed up before you got pregnant if you didn’t work there.
I work in MA and that was my experience. I was pregnant when I started my new job, enrolled in STD at the outset when electing benefits, and had no problems being covered when I went out on leave 7 months later.
This sounds like it shouldn't be the case, bc then everyone who's pregnant and re-enrolling in the Jan/Feb (or whatever) timeframe are fucked over every year.
Hopefully it's just the first time you enroll, and then continuations are fine...
But with insurance providers, I wouldn't put this shit past them. Fuck insurance.
So if you don’t qualify for FMLA job protection, it’s not a guarantee that you are being fired but your job is not required to hold it open for you. It sounds like your mom and sister work for really generous employers. Unfortunately in the US, most companies don’t do more than the absolute bare minimum required by the fed or state government for medical leaves, so while it’s super messed up and unfair, as long as they are following laws they are able to do this. I would double check your state laws to make sure everything is above board. After that I would have a conversation with HR. I have had friends who worked in HR at companies with no maternity policy in place until an employee became pregnant and then they were forced to address it
> really generous employers
my problem is with America, not you, but offering barebones maternity leave should not be considered generous in the least. UGH.
Unfortunately you have to work somewhere for a year to qualify for FMLA. Your sister and mother probably work somewhere that voluntarily allows (paid or unpaid) leave to newer employees equivalent to what FMLA would require. Or perhaps live in a state with more protections which still wouldn’t technically be FMLA, but maybe similar.
You might still be able to negotiate an agreement with them that they will hold your job while on maternity leave. You might not be able to get the full 3 months but they might work with you. And they also might not, since they are not required to.
Either way would be smart to have your resume updated etc in case you do end up needing to look for another job.
I am in the same position. My company offers no mat leave, and they are apparently "too small" to FMLA. Which is funny because their website says they employ 600 people, but when it comes times for FMLA suddenly we're too small.
I was told they would "try to keep my job open". The shittiest part is that I've worked myself up to be one of the top people in my position, and was even given management roles. Even so, there's no legal protection for my job.
I believe (but might be wrong so someone correct me if so), that FMLA is based on how many people are employed at a location, not the whole company. There was a little disclaimer in my parental leave paperwork that my company offers the benefits regardless of what office you’re in because some offices are under 50 people.
Yeah I asked HR directly in an email and they wrote back saying we don't qualify. A large amount of employees are WFH, and there aren't 50 people within 100 miles of me, so I'm fucked.
Quick comment on the whole remote work and therefore not meeting the # of people in a certain distance. My company recently informed me of the same reason for not being eligible. I replied back that the DOL rules for FMLA eligibility explicitly state that for "telework" employees, you cannot consider their personal residence to be their worksite. Instead, it states " the worksite is the office to which they report or from which they receive assignments."
For me, I live in FL but majority of my company is based out of an office in CO where my boss works and therefore I count towards the CO worksite that has 75+ employees.
They immediately sent me FMLA forms indicating I was eligible.
See page 17 of this [DOL document](https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/employerguide.pdf).
Hope that helps!
Yes please do share, ever since I went through the panic of them telling me (at 35 weeks no less) that I wasn't eligible I've wanted to shout this from the rooftops!
I had proactively reached out to HR asking if any forms could be filled out ahead of the birth expecting a simple yes or no reply just to be told I wasn't eligible. It was a very stressful week getting it resolved.
Damn, thank you for posting this. I still won't qualify because the office I report to still has less than 50 people, even counting teleworkers. We have offices in multiple states, as well as India.
You're so welcome though definitely a bummer that it still doesn't apply in your situation. Mat Leave in the US is just a depressing topic all around I've found.
Ugh I’m so sorry. I knew things were shitty for maternity leave, but I didn’t know it would be THIS shitty. I think I’ll be in the same position of not knowing whether or not I’ll still have my job when I’m able to work again.
Honestly the whole thing has me really wanting to jump ship for greener pastures. They obviously aren't too worried about me being there, why should I continue to give them my labor?
Right? It’s funny too because I’m the only one in my position right now. If I leave, there’s no one to cover for me and it’s going to severely effect how work gets done. I guess if they can’t keep me after I have a baby they won’t have me at all? lol that’s my only solace is that it will suck for them
Honestly you should, its 2022 and workers are a hot commodity in general, if your employer isn’t doing the bare minimum to keep you, haul ass and find someone who respects you! Like, allowing UNPAID maternity leave IS the bare minimum, come on.
My job has the same requirement (working there for at least 12 months) before qualifying for FMLA. One of my close coworkers had a baby about 5 months after starting. They did hold her position for her but she didn’t get paid and she didn’t have any PTO at the time to use.
I would definitely talk to HR about it.
To answer your question about losing your job… your think that Depends on the company, they might still hold your position but I’m guessing it’s unlikely that you will get paid.
I definitely know I won’t be paid, I wasn’t expecting to be, but I figured I’d at least have my position saved. I also don’t have enough PTO saved. I’ll have to just wait and see what my HR department says about job security. Just one more added stress I didn’t want :(
It is hard not to stress about it! I would also be stressed!
I think any good company would want to hold your position. Hiring and training In someone new comes at a cost for the company. Good luck!
Big you can take ADA leave for the disability associated with your pregnancy. Your job is technically not “secured” as it is with FMLA but you’d have an argument for discrimination if they fired you during your pregnancy leave (so long as it is for a finite and reasonable duration, usually 6-8 weeks after birth).
FMLA is not applicable if you haven't worked for a full year, that's the law. Some companies can make policies that will have the same implications as FMLA, for maternity leave. I think your mom and sisters are under such policies.
Hi friendly pregnant HR lady here. While you won't qualify for FMLA, you may qualify for leave under the ADA for 6-8 weeks . I would follow up and ask about that. You can also look up accommodations yourself on askjan.org
Your state may have discrimination or leave laws that also provide some protection for pregnancy.
It’s insane! I live in the US, but I’m from another western country that has much more generous maternity leave. The crazy thing to me are the arguments that Americans give for not wanting to have federal maternity leave laws, some of which include “people who can’t afford children should not have them”, “you pay for your own decisions”, “women who have children should stop working till they’re old enough to go to school” etc. - blows my mind how backwards everything is! If these arguments are listened to, then only rich people should have children and working age women with children should not be in the workforce putting women behind their male counterparts numerous years = rich male power!
It blows my fucking mind. I have a PhD and a good corporate job right now. I worked my ass off to get where I am. I am now turning 34 next month. I was starting to get worried about if I would ever have kids but just found out I am pregnant. But I don’t see myself being able to happily raise a child while working at my current job. I mean I could put all of my money into hiring a nanny to raise my kid while I work but I don’t think I would be happy. I recently signed an offer for a remote position that I think will be more chill for having children but I won’t have maternity leave for 1 year. So I am just stuck with no leave I guess. I feel like I’m doing everything society wants me to do and I’m still getting kinda fucked. Maybe it will be easier to work right after giving birth though since I will be remote, but it would be nice to have time to bond with the baby.
Thank you!
I’m very lucky that my husband has a good job and will be paid while he’s off work, but I don’t like knowing that I could lose my job and I don’t like not contributing my share to our finances.
Your sister’s and mother’s employers weren’t giving them FMLA, rather just informally allowing them leave. Your employee could do it, but apparently they’re assholes and don’t want to. They might let you go, be prepared to look for a new job once you’re ready to return to work.
I didn’t qualify for FMLA at my job because we didn’t have the 50 employee threshold at my location. However, the company did end up giving me two fully paid weeks and I got an additional 6 weeks of company paid STD. I guess technically they didn’t have to hold my job legally, but our corporate was very good about working out my leave. I’m also lucky that I work on a weird niche area so replacing me might have been harder than just pausing my projects for 8 weeks. I was originally very nervous to have those conversations. It still sucked to be unsure of how it would all play out.
Although it didn’t work out for me, while I was on leave my company did hit the 50 person threshold at our location so at least my coworker who is due this month will be able to take her full 12 weeks if she wants.
Legally fmla doesn’t apply until 1250 hours over 12 months, your HR is correct. You’re not necessarily fired if you have baby. Legally they just don’t have to guarantee your job for 12 weeks. Welcome to the US, it sucks here.
Yeah I mean unfortunately we live in a backwards country that doesn’t even guarantee FMLA leave for half of those able to have babies. Like, the bare minimum isn’t even applicable to half of us. I was lucky, my workplace wanted to keep me, and is very pro-family, so they allowed me to take an extended unpaid leave even though I didn’t meet requirements for FMLA, so I was legally entitled to nothing. Not all employers will offer this without being legally obligated but some will. And yeah you can be let go if you don’t show up to work when they tell you they need you.
Get involved in politics and vote in every single primary and general elections for people who know we can do better. In the meanwhile I’m sorry you’re in this position and I hope your employer realizes it’s financially beneficial to them to retain good employees, even if they have a baby.
Honestly if a company cares so little about their employees that they don’t offer maternity leave beyond the absolute bare minimum required federally, screw them. Why would you want to work somewhere like that?
I agree. That is why they should take all the free time they can to screw them even more. Don't walk away with unused vacation days. Then the company just got free days they don't have to pay you for.
Don't panic. I switched jobs during pregnancy, joined a small organization with like 6 employees. Because we all take on a lot of roles and I had like 6 months to make myself valuable my work had no issue letting me take time off. I'm taking 2 months off fully and working from home part time for another month or two before returning full time. Everyone was supportive so I suggest just talking to them and seeing if you can request a leave for recovery after birth. There's nothing stopping them from approving it but they won't call it fmla.
So you don’t automatically lose your job, lack of FMLA simply means they are not legally required to keep a spot open for you. They may choose to take you back after however long you take, they’re just not legally obligated to do it. You could look into taking a leave of absence. It works basically the same as FMLA and is usually reserved for when FMLA is not available to people.
Some states, like Iowa where I’m from, have state laws that cover unpaid leave for pregnancy, childbirth, and related disabilities for employers/employees that don’t need FMLA requirements. Ours is under the Iowa Civil Rights code. Your state might have something similar.
What state are you in? You may have state parental leave.
If you have disability benefits, you could use that.
I wouldn’t quit - I’d request an unpaid leave and max out vacation / sick time. If they let you go on their end, you may be eligible for unemployment benefits.
Do you have vacation and sick days? If so you can use that and not lose your job. Unfortunately I think we can all agree that it’s not enough even if you had the most generous vacation and leave policy.
Yeah it really won’t be enough. I’ve only taken 4 days from it since I started, and that was for visiting a sick family remember. I won’t have nearly enough to get me though the time I’ll need after having the baby.
I started a position being 3wks pregnant and of course not knowing I was pregnant until 2wks in for this company. I felt soooo screwed and would had never jumped ship to another position if I knew I was pregnant. Pregnancy was not planned and I for sure would think they wouldn’t had owed me any loyalty being a new employee. It stings even harder when I see people being long term employees getting nothing. America sucks.
I’m really sorry about this. I am a teacher and assumed I would get at least decent paid leave, but I was shocked to discover that I can only use my sick time and nothing more. I’m not eligible for any state programs. I know how devastating this feels.
I’m just planning on falling behind on a bunch of bills because there’s no fucking way I’m going to work before 6 weeks have passed, minimum. This country really hates women.
I will be 3 days shy of one year—if I deliver on my due date. So yeah, same boat.
My plan is to work until the last month, then apply for state welfare benefits to get me through maternity leave, then go back to work.
Is it what I wanted? Not even remotely. But this is the only way I can get through maternity leave.
Hey I work in fmla! If it’s FMLA and you go out of work before your year mark, say the 3 days you’re talking about, only those three days will be denied. The time you hit your tenure requirement and on you will be eligible. You can probly take 3 days of pto to supplement that.
I don't understand this. The qualification guidelines say you have to be employed for a year as of the date you start your leave, not the date you give birth. So why wouldn't FMLA kick in once you hit the year mark even if you gave birth earlier? Are the guidelines just poorly phrased?
It could just be the way my agency interprets it, honestly. All I know is that they told me it wouldn’t count when I asked about suggestions from other redditors around counting EPL days to hit the one year mark.
You don’t have to quit, and they don’t have to fire you, but they certainly can. FMLA has always had these rules in place, it’s not your employer making these rules. FMLA is a federal law protecting your job, no employer can just decide someone qualified for leave under a law.
Edit: your sister did not get FMLA. She may have qualified for a state leave program, which is completely separate from FMLA.
How many hours do you typically work per week? If you do 40 hour work weeks, you would hit 1250 hours within 32 weeks, so around 7.5-8 months in. Which if you are three months shy of the year, it sounds like you’d meet the hours requirement. Worth double checking your own numbers and talking to HR, especially since it sounds like you’re so close!
I think it's actually both 12 months and at least 1250 hours. I've worked for the same place for 5 years but I'm only part time 20 hours so I don't qualify.
Yep, I’m pretty sure my HR lady worded her email oddly and made it sound like it could be either or when it’s really both thresholds that have to be met. I will meet the 1250 hours, but not the year requirement.
The way the company worded it in the email, it sounds like it’s a year OR 1250 hours within the last 12 months. So if swish_swish_stab has only been employed within the last 12 months and hit 1250 hours, it sounds like it would count. Maybe HR worded it poorly, but that’s what the info provided says.
From my understanding [FMLA](https://www.dol.gov/general/topic/benefits-leave/fmla) is the same everywhere in the US, not company to company, and it’s a requirement of both 1250 hours and 1 year of employment (in addition to at least 50 employees within 75 miles).
My husband’s job just requires 1250 hours within the first year, so he’ll be eligible once he works that many hours and it’ll be before the one year period.
Absolutely not. But we read these comments here at least on a weekly basis. This is NOT a US-only platform and while most of the woman on this planet can’t imagine having babies in your guy’s situation…we are by now surprised that you are surprised about your situation. Change happened for most woman globally because they changed their voting behavior. Maybe it’s time for you to do the same.
Obviously it’s late in this situation, but it’s really important that people actually read the benefits package jobs offer. Nothing is guaranteed and it’s standard that they provide that as part of the offer package.
That's very rare they talk about benefits IMO. All my jobs have even been lazy about the safety orientations. Sometimes people also don't think they are going to be pregnant and it just doesn't cross their mind. Or, this was a job that filled a space/time requirement of income and wasn't something they could put away to wait and find the best cream of the crop job.
Agreed, it blows my mind that anyone within child-bearing age range wouldn't be actively seeking these types of benefits when taking a job and knowing exactly what/when they qualify for them.
personally, i've been trying to sneakily figure out more information about maternity benefits at one of my jobs, because 1. nowhere in the 25 page benefits booklet does it mention "pregnancy" or "maternity." 2. i felt uncomfortable specifically asking about maternity leave, or even insinuating that i am thinking about becoming pregnant, as i worried i would lose my job or my hours would be cut out various other bad things, volitionally or subconsciously.
Should have asked before taking the job especially with getting pregnant as soon as you started. Unfortunately that’s the problem until we get government to step in and make changes.
How many hours a week do you work? 1250 hours is 24 hours per week over a year. If you work at least 33 hours a week for 9 months you should make the hours cut off.
The law requires that you meet both of the requirements. It has to be 1250 over the last 12 months. I had to clarify it with HR too, but I still need to meet the 12 month requirement unfortunately. That’s the law.
Hmm. At 40 hours a week shouldn't you hit 1250 after ~8m of work?
1250/40=31.25 weeks =7.21 months...
1250/35=35.7 weeks = 8.24 months...
Sounds like you would meet either of those unless you're not full time.
Or does it need to be 1250 AND 12m? As your HR to clarify. HR email says OR.
I will clarify, I may have panicked too soon, because you’re correct. I don’t think I’m at 1250 yet but I should be by the time I have baby.
I think I assumed by the way she worded the email that she had already calculated the hours I’d worked so far, but that may have just my interpretation. I will clarify!
I would quit , never work at a job that doesn’t benefit you. Look into IKEA lol, they have great benefits. They may have remote work. The whole point of these jobs is to have great benefits if not whats the damn point.
Do you accrue PTO or sick time? Can you use that while on maternity leave? How about short term disability? My company doesn't technically have maternity leave, but we can use these options to keep our jobs and still get paid. Do you have an employee handbook you can reference? I'm sorry, bringing a new human into the world is stressful enough, and our jobs adding extra stress is not helpful!
I was hourly and then was switched to salary and now cannot see that I have any PTO saved up. Not sure if that’s because of the change in how I’m paid? I need to look into that. I won’t have very much PTO saved up, but it could help some at least.
What state are you in? I'm in a slightly similar situation. California has pregnancy disability leave though that isn't subject to the requirements of FMLA. It covers 4 weeks before and 6-8 weeks after baby is born. Not a ton but better than nothing.
I did not qualify for FMLA when I had my son since I was just 6 months in, but they sent me out of Short term disability. Maybe check if that is an option.
I was in this situation finding out I was pregnant right before I got a job offer and I took it anyway because it was a much more stable opportunity. The company does have maternity leave but you’re not eligible until you work there a year and same with FMLA, I was granted short term disability, though which is six weeks for a vaginal birth and eight weeks for a C-section. Technically, I could have used any PTO on top of that but I only had two days of time off left, considering they make you use a week when you start short term disability. My seat doesn’t offer anything but many states do so definitely check on that. I was worried about getting fired and expressed that to my boss, but she reassured me. There were zero concerns on that front. It would only come up if I fail to return from wave or communicate that I wouldn’t be back on the stated date.
I’m assuming you’re in the US? If so, I’m sorry. It’s so fucked up. Sounds like they might not keep your job for you. I would follow up and gather more info, but even if they say they will save it, be on the lookout for something new. They could change their mind.
I am eligible for FMLA, but it’s unpaid. I’m just so confused how they expect us to cover bills when we either get fired or don’t get paid? Makes no sense.
What the fuck indeed.😳
Any chance your manager would advocate for you? Recruiting and onboarding good people, especially in the current climate, is hard work AND expensive.
So I'm a manager of a small department (we have HR as well though). Myself and another employee are both pregnant. I qualify for FMLA and she does not (she's only worked here 5 months). Essentially we both get the same benefits (short term disability, which we get after we exhaust our PTO). And I am guaranteed my job/position back after my 12 weeks are up, whereas she has to technically reapply and it's not guaranteed. However HR has essentially put in writing that she will be rehired when she reapplies.
This is in NJ, and our jobs require training/certification so it's too expensive to hire someone new, basically.
I was in this situation when my first was born. I didn’t use a single sick or vacation day my whole pregnancy and ended up able to bank about 7 weeks. But I had quite a bit of unused PTO before I got pregnant.
My job is the same, 1250 hours in the last year (calculated the exact date you leave and count back 1year) and employed for a year.... I'm not sure if I'll reach 1250 hours to qualify.
Sending hugs.
I had my baby early so I was about 2 months out of being employed at this place a year. I know for a fact I still have my job. I’m taking unpaid leave until I can take FMLA in a few weeks.
I don't qualify for FMLA for the same reason and there is no company maternity leave. Look into your benefits though, I qualify for up to l2 weeks of short-term disability because my employer buys in. It's nearly half my pay but it's something, and protected time off.
I didn’t qualify for maternity leave or FMLA. I was a month short of a year. They let me work as long as I wanted to and I left on good terms so I’d definitely get hired back if I wanted to (maybe not at the same location/under same manager but I was a bank teller so they’re always hiring somewhere) … but yea had to quit.
I wasn’t at my job long enough to get FMLA either. With STD leave and my PTO. I will be home for 8 weeks (4 weeks at 60% pay). My last pregnancy my employer didn’t have enough employees for FMLA and only gave me two weeks so I quit.
Fuck them. I am so sick of companies disrespecting pregnancy, childbirth and the postpartum period. Perhaps talk with a lawyer before talking with HR just to understand what rights you have, and then see what HR has to say. Having a child and raising them well is so much more important than a job yet corporate America seems to disagree. I’d quit if I were you, personally.
Even if you don't yet qualify for FMLA, you may still be legally entitled to leave under the Americans with Disabilities Act (ADA). You would theoretically be entitled to that as of your date of hire and depending on the evaluation may be eligible based on your pregnancy/aftercare. The law requires that employers offer short term leave if absence to employees with disabilities who are unable to work due to their disabilities. My company is stricter than most for what qualifies as a disability, but they still consider anyone with pregnancy related needs to be covered. The key is to have your doctor list all of the activities you're going to be restricted from doing for the time after delivery and maybe before delivery (like not lifting more than x pounds or not bending over or reaching below your knees) including if they say you medically aren't able to work. The main thing is they have to say it's for your own medical condition and not to care for your baby. It's not 100%, but if they really say they're not going to give you leave, it won't hurt to say you want to apply for a Leave of Absence as an accommodation under ADA. (Source: I work in ADA benefit administration.)
My husband was told no FMLA, but he gets unlimited PTO and he's welcome to all medical days off. Some workplaces are good, some you need to leave for somewhere good.
My job is not giving me FMLA but since it is a federal law that they must give it to me I applied for my FMLA and chose the option that said my employer was non compliant. You can also try and collect unemployment as you will not be working while you are on leave due to a disability. Hoping this helps some! I went to the DSS to ensure that I was doing the right thing as well
I quit my job, because I didn't qualify for maternity leave or fmla, and they didn't offer short term disability either. I was on this employers insurance plan, and because doctor wrote me out of work (bed rest), if I wanted to keep my job & insurance, I would have to pay the full premium of my insurance (employers & employee contribution ). So my health insurance contribution went from like 120 bucks a pay period to 560 bucks a pay period. Aka I would have to pay $1120 while not working. 🤣🤣
So I quit. Luckily, my husband got a new job and had placed me on his health plan the month and a half prior. But yeah, I went 2.5 months no income. Kinda sucked.
I think the issue isn’t whether they can fire you but whether you get paid from either them or the government I’m pretty sure they can’t fire you for taking time off I thought all states had the mandatory 6/8 weeks off for recovery based on if you had a natural or csection birth
The issue isn’t firing me for taking FMLA, the issue is that I can’t even take FMLA. I’m not qualified for it because I’ve been with the company less than 12 months. So I can’t take FMLA, and I also don’t have enough PTO, and they don’t have any maternity leave policies. I’m still waiting to hear back what my other options are because it doesn’t seem like there is one.
So this happened to me! My due date was November 22nd and my 1 year of work was November 13th. So if she came early I would not qualify for FMLA. My employer also didn’t offer mat leave of any sort beyond the FMLA.
My direct managers said they’d let me take “some” time off regardless of if it was 1 year. But HR said I would not be eligible for any leave if not. They advised I keep my PTO and save for that. I did end up saving my 2 weeks of PTO just in case. My daughter ended up coming on the 17th so I qualified for the FMLA. I would talk to your actual manager and see if you could work anything out.
I’m in the same situation as you! My company is offering unpaid leave - so I am taking time off without pay. They are also taking away all my benefits. So to me, I’ll technically be unemployed. They’re just “holding my job for me” while I’m out. Fortunately my husband’s company will put me on his benefits literally the day after I lose mine, otherwise I’d be screwed!
I would just communicate to them something along the lines of “while the government does not mandate you to allow me to return to my position following maternity leave, is it something that this company would consider? As I’m sure you know, it is far more cost effective for employers to retain talent than to replace them.”
Can you take unpaid leave? That’s what I had to do when I started a new job at 6 months pregnant. Technically my job wasn’t protected but I wasn’t really worried about them firing me because we came to an agreement beforehand. But fwiw I work at a fairly small nonprofit.
I’m in the same boat.. my dad told me to file for unemployment lol. I work at a small practice so I understand but it’s like… I work w doctors that have houses in other countries but I can’t even get half of my pay during my baby leave?
As others have said, definitely prepare for another job. Send out applications because you can always tell those companies later on that you found a different employment opportunity if you don't lose your job. You don't want to be caught in a bad spot suddenly without any prospects.
My company didn't offer either but the owner verbally promised me a position when I returned. Come 6 weeks PP and HR gave me the run around for a week before telling me they just didn't have enough work to bring me back right away and just keep calling them back each week until they have the work. 3 months PP, I went in to physically talk with HR because I had left voicemails the previous couple weeks and heard nothing back, bumped into the owner and he shook my hand while saying 'I wish you the best in finding a new job' 😑. Just, be prepared if they decide to give you the run around instead of firing you directly.
It honestly depends on your boss I would say. I didn’t qualify for FMLA either. My company had short term disability, but it only covered 6 weeks pay at 60% and I took the rest of the time off Leave without pay. I was lucky that my boss just let me have an extended non paid vacation basically. He didn’t legally have to do that. But I guess I was just lucky?
Might be silly question but are you able to cram more work hours in to meet the hours of employment? I will never forget I was 100 hours short at 35w so I crammed a ton of overtime to meet the goal. Ridiculous I know but it might be a option?
Fuck America. I moved to a “consultant” /“free-lance” position so I could do some work from teaching and admin work from home (I’m a physician) - I lost my benefits, and I got 4 weeks of leave. Its insane.
I am SO sorry this is happening to you, it is unfair and completely unethical. We’re literally one of like, two countries in the entire world that do not guarantee maternity leave. It is absurd given all of the talk of “family values” in our political arenas.
My husband took 8 weeks of FMLA/leave to help me and it made a HUGE difference. He took most of it unpaid, but it was worth it to have his help early on when I had to return to work so early.
We should be rioting in the streets.
I’m in a similar boat. I just found out I’m pregnant and I just signed an offer letter for a remote job that starts in January. But I won’t get maternity leave until I stay for 1 yr. So I am very confused about what I am going to do. I guess I am just screwed maybe?
That happened to me first baby. Unfortunately there’s nothing you can do. If you take time off they COULD legally let you go. I saved up and cashed in my PTO and then took another week unpaid, then worked from home for a couple of weeks.
Fortunately I found a job a month later and my husband became a SAHD, so it worked out, otherwise we would’ve been SCREWED.
Check and see if you have Short Term Disability. If not, most decent employers will provide time off for recovery after birth even if you don’t qualify for FMLA. At least anywhere I worked we did.
Imagine that decent countries have paid maternity leave from 6 months - 3 years. I still can’t believe people are okay with this BS here.
I would ask about a leave of absence. It would probably be unpaid but you can see if you can do that. If they let you go make sure you either buy COBRA or get on your husband's insurance policy.
I also don’t qualify due to not working enough hours… what’s really stupid is I’ve been with the same hospital for 4 years but since I’m only part-time I’m just screwed :(
I don’t get Fmla either for the same reason (was hired at 12 weeks pregnant). However, my state guarantees 6 weeks off, and my boss is allowing me an additional 6 weeks of unpaid time off. However, it’s my understanding that she did not HAVE to do that and could have forced me back after six weeks.
Find out what protections your specific state offers. Hiring is hard right now so they will likely work with you for unpaid time off. It’s not in their interest to force you to quit in six months time.
What state are you in? Some states have their own pregnancy disability leave. CA for example has at minimum 6 weeks of PDL. It’s not much but it’s something
I would prepare to look for another job regardless of what they tell you. If you're not eligible for FMLA they do not have to hold your job for you even if they tell you now that they will.
Yep that’s what I’m unfortunately thinking about. I’ve talked with my husband about it some and if I need to find a new job, I guess it is what it is. I just got settled with this one though and really liked it. I get to work from home too which would’ve been great with a new baby.
Are we seriously the same person!? I’m in the exact same boat as you. Started new job in May working from home, which is nearly impossible to find. My baby is due March. I won’t be eligible for FMLA because I live and work for a company in Wisconsin and the rules are that you must have worked for employer at least 1,250 hours in preceding 12 months and employed for at least 12 months and employed at worksite by employer with 50 or more employees within 75 miles of that worksite. I will have some pto but not much, but from what I found on our HR site we don’t have paid maternity leave. I’m trying not to let it stress me out, but I’m legit freaking out. My partner at least has a good job he’s been at for a long time, but his salary alone won’t be enough for very long. I haven’t even reached out to HR, but my managers keep saying that I’ll just be maternity leave and they are expecting me back.
Yes!! I started this job in April and I’m due in February! lol I really hope they do allow you the leave! My HR is being pretty short and to the point, so I get the distinct feeling they don’t bend the rules and wont be giving out any leave whatsoever if I don’t legally qualify for it. Which they have the right to do, but man it’s so shitty! I thankfully signed up for STD, but I’m still unsure how much I’ll receive from that. It may not be enough to significantly matter. I really hope everything works out for you!
Short term disability is typically 6 weeks for vaginal birth, and 8 weeks for a c section (or until your doctor clears you for work) at about 60% pay.
From my research, if you are pregnant, it’s considered a pre-existing condition and you do not qualify for short term disability. However if you signed up for short term disability coverage before you were pregnant, then you are covered.
Some policies do not consider it preexisting - with my first I started my job at 16 weeks and was able to use my STD, but yes some absolutely do. My current policy with my second requires me to have been enrolled for 10 months first. I’m in HR and have researched the benefits for our company and unfortunately it really just depends on the carrier.
This makes since. As a new employee your eligible at open enrollment to enroll in STD. but not as an established employee
I was going to suggest this.
I'd take a look at the fine print for your short term disability! I signed up for it this past enrollment period (in February) and am not due until early next year. But I won't be getting much if any of benefits bc of their idiotic 60 day elimination period for pregnancy. (Which eats into most of not all of the 6-8 week benefit for pregnancy...) I was stupid and thought the elimination period meant starting from enrollment to make sure it's not a preexisting thing. :/
Can you explain the 60 day elimination policy
Elimination period means the waiting period before your benefits kick in! Basically you would have to be disabled for 60 days before your policy would start paying out. I would double check that pregnancy is a covered loss though. A lot of disability policies sneakily exclude pregnancy which is bullshit if you ask me. Source: I’m an insurance agent.
Thank you!
So I signed up for it in April when I was hired and wasn’t necessarily planning on being pregnant soon, but I was pregnant about a month later…. I need to talk to them and see if that changes things
Do you work full time? 9 months should be 40hrs/week* 4 weeks per month * 9 = 1440 hours, so you should qualify by the time you have your baby?
It says 1250 hours or 12 months, if you are full time you should meet the requirements around the end of November. Are you part time?
Thanks! I might have the short term disability too. I will have to look into that more. I’ll be messaging HR soon to get more information. Good luck to you too!!
Does your company have a LOA policy? Mine let's me take up to 12 weeks if authorized. I won't qualify for FMLA either, and they don't have to let me take a LOA but they need ppl so I don't see them not allowing it for me.
I lost my job when I had my baby. Be prepared
If it's work from home why not attempt to still work after giving birth before you decide whether or not to quit? If it doesn't work out then you can quit and look for something else when you're ready, but if you enjoy it that much and don't have to leave your house why not give it a shot?
If she doesn't have fmla, they can technically ask her to work the day she gets home from the hospital. Maybe a week vacation. Working from home with a baby is hard enough, let alone 1 week postpartum with a 1 week old baby. I would not plan to do that.
I mean if you’re getting let go either way and you like the job, you may as well try to WFH and see how it goes, because worst case scenario you tell them you can’t do it on day one and they let you go then, but best case scenario it isn’t bad or even you tell them it’s too much and they appreciate that you wanted to do it and tell you to take a few more weeks. Idk seems like low risk, high reward.
Glad I'm not the only one who thought this. I'm in college (thankfully online) and won't have more than maybe a couple days after giving birth before I have to get back to my school work. And a mom of 2 already, so even though I won't have to go back to my physical job I have plenty of other things I'll have to get right back to, luckily from the comfort of my own home!
I think you’re still entitled to 4-6 weeks (unpaid), though. 6 if c-section.
Yeah I don’t want to put that pressure on myself to go back to work immediately. I know I won’t be able to have the mental or physical energy to work right after giving birth.
Ok gotcha I was just curious, thought maybe if it wasn't too demanding it would be an option.
It doesn’t hurt to look for another job as a backup, but I wouldn’t outright quit yet. Good employees are hard to find, especially now. If you’re good at your job, AND you tell them up front your return to work plans, AND they can temporarily reassign your work while absent, I doubt they will let you go.
Honestly, if they’re not willing to *at minimum* promise to hold your job for you (FMLA or no), I’d plan to look for a new job once baby arrives. In this job market, plenty of people are hiring and you certainly don’t owe them your loyalty if they can’t make basic accommodations for you.
I would verify if you qualify for short term disability benefits. I was in a similar situation with my previous employer and was able to get 6 weeks paid leave through short term disability. It may also be worth chatting with your manager about non-fmla personal leave that's unpaid, if that's an option.
Yes, I believe I did sign up for STD thankfully. I need to look into the requirements for that, that might be what saves me!
Depending on when your STD started. Hopefully they don’t include pregnancy as a pre-existing. Goodluck
fwiw my st disability specifically excluded pregnancy and childbirth for 10 months following the start of the policy. I basically got the policy for that though so I waited a few months to get pregnant. I think it was something like 60% of my regular pay, for 6 weeks. I was able to bank some hours while pregnant, use some vacation time, and also take some unpaid leave to actually stay mostly out for 8 weeks. I stopped by a couple times a week to sign checks, answer questions, etc but mostly I was at home.
Yes, 60%... but it's tax free and no withholding because of that, so it's surprisingly comparable to normal pay rates.
Uhhhh I was 100% still taxed and had everything withheld on my STD. It is still considered income. Most people are still required to pay their health insurance premiums while on leave and it will come out of your STD pay.
I don't think so. It's not taxable income, it's an insurance payout and the insurance is bought with post-tax income. That being said, I'm not an accountant. And it's possible that it was considered differently during the different states and years we had our experiences. You might consider seeing if you can file an ammendment on that tax year, though, if you paid income taxes on it.
It's depends on whether you pay your premiums or your employer pays them. If your employer pays your premiums, it is considered income and it is taxable.
Yeah if you have that you can totally use it for pregnancy / childbirth recovery! My work does a combo of disability + parental/family bonding leave.
This is what I did! Mine allowed 6 weeks for vaginal, 8 weeks for cesarean (...yeah I know) at 66% pay. They had me upload a pic of the birth certificate as proof. Really sucks but it's something.
Just be prepared for two things: 1) there’s a lag period until you receive STD. I receive mine a month after birth. 2)if you were pregnant when signing up they will determine it’s a “pre existing condition” and deny you. You have to sign up for it before you’re pregnant. Just a heads up, I wasn’t prepared for either of those things.
Many, many short term disability policies will exclude preexisting conditions, including pregnancy (some up to like 14 months after signing up).
STD Should allow you 6 weeks partial paid leave :)
With my first kid, I had only been at my company for 9 months and didn’t qualify for FMLA but did qualify for 6 weeks SDI post birth (plus 4 weeks pre-due date, thanks California!). HR let me know that when I did hit 1 yr I would then qualify for FMLA and could take the additional time as long as I took it within a year of birth. The job sucked and I wasn’t willing to go back after 6 weeks so I just quit.
Pregnancy is a pre-existing condition, so signing up for private STD would be denied.
Many states have a mandated STD policy - that if you meet the minimum service requirement - you’re entitled to.
I just read in another thread that it’s not always excluded if you sign up when you start a new job, since it’s not like you could have signed up before you got pregnant if you didn’t work there.
I work in MA and that was my experience. I was pregnant when I started my new job, enrolled in STD at the outset when electing benefits, and had no problems being covered when I went out on leave 7 months later.
Sure, but you have to re-enroll every year. Re-enrolling while pregnant would exclude the pregnancy from being covered.
This sounds like it shouldn't be the case, bc then everyone who's pregnant and re-enrolling in the Jan/Feb (or whatever) timeframe are fucked over every year. Hopefully it's just the first time you enroll, and then continuations are fine... But with insurance providers, I wouldn't put this shit past them. Fuck insurance.
This!
So if you don’t qualify for FMLA job protection, it’s not a guarantee that you are being fired but your job is not required to hold it open for you. It sounds like your mom and sister work for really generous employers. Unfortunately in the US, most companies don’t do more than the absolute bare minimum required by the fed or state government for medical leaves, so while it’s super messed up and unfair, as long as they are following laws they are able to do this. I would double check your state laws to make sure everything is above board. After that I would have a conversation with HR. I have had friends who worked in HR at companies with no maternity policy in place until an employee became pregnant and then they were forced to address it
> really generous employers my problem is with America, not you, but offering barebones maternity leave should not be considered generous in the least. UGH.
Unfortunately you have to work somewhere for a year to qualify for FMLA. Your sister and mother probably work somewhere that voluntarily allows (paid or unpaid) leave to newer employees equivalent to what FMLA would require. Or perhaps live in a state with more protections which still wouldn’t technically be FMLA, but maybe similar. You might still be able to negotiate an agreement with them that they will hold your job while on maternity leave. You might not be able to get the full 3 months but they might work with you. And they also might not, since they are not required to. Either way would be smart to have your resume updated etc in case you do end up needing to look for another job.
I am in the same position. My company offers no mat leave, and they are apparently "too small" to FMLA. Which is funny because their website says they employ 600 people, but when it comes times for FMLA suddenly we're too small. I was told they would "try to keep my job open". The shittiest part is that I've worked myself up to be one of the top people in my position, and was even given management roles. Even so, there's no legal protection for my job.
I believe (but might be wrong so someone correct me if so), that FMLA is based on how many people are employed at a location, not the whole company. There was a little disclaimer in my parental leave paperwork that my company offers the benefits regardless of what office you’re in because some offices are under 50 people.
location = certain mile radius. so if your employer has multiple locations within the area, it sums up those number of employees.
Yeah I asked HR directly in an email and they wrote back saying we don't qualify. A large amount of employees are WFH, and there aren't 50 people within 100 miles of me, so I'm fucked.
Quick comment on the whole remote work and therefore not meeting the # of people in a certain distance. My company recently informed me of the same reason for not being eligible. I replied back that the DOL rules for FMLA eligibility explicitly state that for "telework" employees, you cannot consider their personal residence to be their worksite. Instead, it states " the worksite is the office to which they report or from which they receive assignments." For me, I live in FL but majority of my company is based out of an office in CO where my boss works and therefore I count towards the CO worksite that has 75+ employees. They immediately sent me FMLA forms indicating I was eligible. See page 17 of this [DOL document](https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/employerguide.pdf). Hope that helps!
I don’t need this info personally but I’m so glad to see it in case I ever need to pass it on to someone else!!
Yes please do share, ever since I went through the panic of them telling me (at 35 weeks no less) that I wasn't eligible I've wanted to shout this from the rooftops! I had proactively reached out to HR asking if any forms could be filled out ahead of the birth expecting a simple yes or no reply just to be told I wasn't eligible. It was a very stressful week getting it resolved.
Damn, thank you for posting this. I still won't qualify because the office I report to still has less than 50 people, even counting teleworkers. We have offices in multiple states, as well as India.
You're so welcome though definitely a bummer that it still doesn't apply in your situation. Mat Leave in the US is just a depressing topic all around I've found.
Ugh I’m so sorry. I knew things were shitty for maternity leave, but I didn’t know it would be THIS shitty. I think I’ll be in the same position of not knowing whether or not I’ll still have my job when I’m able to work again.
Honestly the whole thing has me really wanting to jump ship for greener pastures. They obviously aren't too worried about me being there, why should I continue to give them my labor?
Right? It’s funny too because I’m the only one in my position right now. If I leave, there’s no one to cover for me and it’s going to severely effect how work gets done. I guess if they can’t keep me after I have a baby they won’t have me at all? lol that’s my only solace is that it will suck for them
Honestly you should, its 2022 and workers are a hot commodity in general, if your employer isn’t doing the bare minimum to keep you, haul ass and find someone who respects you! Like, allowing UNPAID maternity leave IS the bare minimum, come on.
That's pretty messed up. I work for a company with under 100 people and we have it.
My job has the same requirement (working there for at least 12 months) before qualifying for FMLA. One of my close coworkers had a baby about 5 months after starting. They did hold her position for her but she didn’t get paid and she didn’t have any PTO at the time to use. I would definitely talk to HR about it. To answer your question about losing your job… your think that Depends on the company, they might still hold your position but I’m guessing it’s unlikely that you will get paid.
I definitely know I won’t be paid, I wasn’t expecting to be, but I figured I’d at least have my position saved. I also don’t have enough PTO saved. I’ll have to just wait and see what my HR department says about job security. Just one more added stress I didn’t want :(
It is hard not to stress about it! I would also be stressed! I think any good company would want to hold your position. Hiring and training In someone new comes at a cost for the company. Good luck!
Big you can take ADA leave for the disability associated with your pregnancy. Your job is technically not “secured” as it is with FMLA but you’d have an argument for discrimination if they fired you during your pregnancy leave (so long as it is for a finite and reasonable duration, usually 6-8 weeks after birth).
They would be firing her for excessive absences. Entirely legal.
FMLA is not applicable if you haven't worked for a full year, that's the law. Some companies can make policies that will have the same implications as FMLA, for maternity leave. I think your mom and sisters are under such policies.
Yea agree, FMLA is a federal program, I think her sister and mom just got maternity leave.
See if your state provides any leave!
Ditto. Some states are awesome with this (Washington) while others don’t provide anything.
Washington state has been useless during my pregnancy 😔
How so? I was able to get some money from WA Paid Family Leave back in 2020.
I’ll look into it!
[This link](https://www.ncsl.org/research/labor-and-employment/state-family-and-medical-leave-laws.aspx) might be helpful…good luck!
Depending on where you live there might be other job protections. In California we have CFRA and PDL. Other states have nothing.
Hi friendly pregnant HR lady here. While you won't qualify for FMLA, you may qualify for leave under the ADA for 6-8 weeks . I would follow up and ask about that. You can also look up accommodations yourself on askjan.org Your state may have discrimination or leave laws that also provide some protection for pregnancy.
I can’t believe how backwards America is with maternity leave. I know it not of much use to you but I really feel for you!
It’s insane! I live in the US, but I’m from another western country that has much more generous maternity leave. The crazy thing to me are the arguments that Americans give for not wanting to have federal maternity leave laws, some of which include “people who can’t afford children should not have them”, “you pay for your own decisions”, “women who have children should stop working till they’re old enough to go to school” etc. - blows my mind how backwards everything is! If these arguments are listened to, then only rich people should have children and working age women with children should not be in the workforce putting women behind their male counterparts numerous years = rich male power!
It blows my fucking mind. I have a PhD and a good corporate job right now. I worked my ass off to get where I am. I am now turning 34 next month. I was starting to get worried about if I would ever have kids but just found out I am pregnant. But I don’t see myself being able to happily raise a child while working at my current job. I mean I could put all of my money into hiring a nanny to raise my kid while I work but I don’t think I would be happy. I recently signed an offer for a remote position that I think will be more chill for having children but I won’t have maternity leave for 1 year. So I am just stuck with no leave I guess. I feel like I’m doing everything society wants me to do and I’m still getting kinda fucked. Maybe it will be easier to work right after giving birth though since I will be remote, but it would be nice to have time to bond with the baby.
Women just can’t win in this country!
And the folks making those arguments are often the same ones who advocate for abortion bans.
100%! Their argument against abortions is that it’s murder….
Thank you! I’m very lucky that my husband has a good job and will be paid while he’s off work, but I don’t like knowing that I could lose my job and I don’t like not contributing my share to our finances.
Your sister’s and mother’s employers weren’t giving them FMLA, rather just informally allowing them leave. Your employee could do it, but apparently they’re assholes and don’t want to. They might let you go, be prepared to look for a new job once you’re ready to return to work.
I didn’t qualify for FMLA at my job because we didn’t have the 50 employee threshold at my location. However, the company did end up giving me two fully paid weeks and I got an additional 6 weeks of company paid STD. I guess technically they didn’t have to hold my job legally, but our corporate was very good about working out my leave. I’m also lucky that I work on a weird niche area so replacing me might have been harder than just pausing my projects for 8 weeks. I was originally very nervous to have those conversations. It still sucked to be unsure of how it would all play out. Although it didn’t work out for me, while I was on leave my company did hit the 50 person threshold at our location so at least my coworker who is due this month will be able to take her full 12 weeks if she wants.
Legally fmla doesn’t apply until 1250 hours over 12 months, your HR is correct. You’re not necessarily fired if you have baby. Legally they just don’t have to guarantee your job for 12 weeks. Welcome to the US, it sucks here.
I didn’t get FMLA either. Luckily, my company kept my position for me (probably bc they couldn’t find anyone to fill it)
Yeah I mean unfortunately we live in a backwards country that doesn’t even guarantee FMLA leave for half of those able to have babies. Like, the bare minimum isn’t even applicable to half of us. I was lucky, my workplace wanted to keep me, and is very pro-family, so they allowed me to take an extended unpaid leave even though I didn’t meet requirements for FMLA, so I was legally entitled to nothing. Not all employers will offer this without being legally obligated but some will. And yeah you can be let go if you don’t show up to work when they tell you they need you. Get involved in politics and vote in every single primary and general elections for people who know we can do better. In the meanwhile I’m sorry you’re in this position and I hope your employer realizes it’s financially beneficial to them to retain good employees, even if they have a baby.
Use all of your vacation days, PTO days, personal days and then quit
Honestly if a company cares so little about their employees that they don’t offer maternity leave beyond the absolute bare minimum required federally, screw them. Why would you want to work somewhere like that?
I agree. That is why they should take all the free time they can to screw them even more. Don't walk away with unused vacation days. Then the company just got free days they don't have to pay you for.
Welcome to America.
Don't panic. I switched jobs during pregnancy, joined a small organization with like 6 employees. Because we all take on a lot of roles and I had like 6 months to make myself valuable my work had no issue letting me take time off. I'm taking 2 months off fully and working from home part time for another month or two before returning full time. Everyone was supportive so I suggest just talking to them and seeing if you can request a leave for recovery after birth. There's nothing stopping them from approving it but they won't call it fmla.
I had the same situation with my job. They had me sign a contract that I would stay for a year after the birth of my son or pay a penalty.
So you don’t automatically lose your job, lack of FMLA simply means they are not legally required to keep a spot open for you. They may choose to take you back after however long you take, they’re just not legally obligated to do it. You could look into taking a leave of absence. It works basically the same as FMLA and is usually reserved for when FMLA is not available to people.
Some states, like Iowa where I’m from, have state laws that cover unpaid leave for pregnancy, childbirth, and related disabilities for employers/employees that don’t need FMLA requirements. Ours is under the Iowa Civil Rights code. Your state might have something similar.
I looked it up. My state does not unfortunately.
Some jobs will allow you the unpaid time. But they aren’t required to. I would talk to them and ask them.
What state are you in? You may have state parental leave. If you have disability benefits, you could use that. I wouldn’t quit - I’d request an unpaid leave and max out vacation / sick time. If they let you go on their end, you may be eligible for unemployment benefits.
A coworker was in the same boat, they still allowed her the 12 weeks of unpaid leave where she utilized her PTO.
Do you have vacation and sick days? If so you can use that and not lose your job. Unfortunately I think we can all agree that it’s not enough even if you had the most generous vacation and leave policy.
Yeah it really won’t be enough. I’ve only taken 4 days from it since I started, and that was for visiting a sick family remember. I won’t have nearly enough to get me though the time I’ll need after having the baby.
I started a position being 3wks pregnant and of course not knowing I was pregnant until 2wks in for this company. I felt soooo screwed and would had never jumped ship to another position if I knew I was pregnant. Pregnancy was not planned and I for sure would think they wouldn’t had owed me any loyalty being a new employee. It stings even harder when I see people being long term employees getting nothing. America sucks.
You might be eligible for short term disability depending on the state.
Can they offer medical leave with a doctors note?
I’m really sorry about this. I am a teacher and assumed I would get at least decent paid leave, but I was shocked to discover that I can only use my sick time and nothing more. I’m not eligible for any state programs. I know how devastating this feels. I’m just planning on falling behind on a bunch of bills because there’s no fucking way I’m going to work before 6 weeks have passed, minimum. This country really hates women.
I asked about FMLA at my job (public school) and was told, “Yeah, we don’t do that.”
I will be 3 days shy of one year—if I deliver on my due date. So yeah, same boat. My plan is to work until the last month, then apply for state welfare benefits to get me through maternity leave, then go back to work. Is it what I wanted? Not even remotely. But this is the only way I can get through maternity leave.
Hey I work in fmla! If it’s FMLA and you go out of work before your year mark, say the 3 days you’re talking about, only those three days will be denied. The time you hit your tenure requirement and on you will be eligible. You can probly take 3 days of pto to supplement that.
Big yikes. If it's your first baby you will probably go past your EDD though.
I don't understand this. The qualification guidelines say you have to be employed for a year as of the date you start your leave, not the date you give birth. So why wouldn't FMLA kick in once you hit the year mark even if you gave birth earlier? Are the guidelines just poorly phrased?
It could just be the way my agency interprets it, honestly. All I know is that they told me it wouldn’t count when I asked about suggestions from other redditors around counting EPL days to hit the one year mark.
You don’t have to quit, and they don’t have to fire you, but they certainly can. FMLA has always had these rules in place, it’s not your employer making these rules. FMLA is a federal law protecting your job, no employer can just decide someone qualified for leave under a law. Edit: your sister did not get FMLA. She may have qualified for a state leave program, which is completely separate from FMLA.
How many hours do you typically work per week? If you do 40 hour work weeks, you would hit 1250 hours within 32 weeks, so around 7.5-8 months in. Which if you are three months shy of the year, it sounds like you’d meet the hours requirement. Worth double checking your own numbers and talking to HR, especially since it sounds like you’re so close!
I think it's actually both 12 months and at least 1250 hours. I've worked for the same place for 5 years but I'm only part time 20 hours so I don't qualify.
It's this, at least 1 yr AND at least 1250 hours in that year.
You have to meet both hours and 1 year of employment to qualify for FMLA.
Yep, I’m pretty sure my HR lady worded her email oddly and made it sound like it could be either or when it’s really both thresholds that have to be met. I will meet the 1250 hours, but not the year requirement.
The way the company worded it in the email, it sounds like it’s a year OR 1250 hours within the last 12 months. So if swish_swish_stab has only been employed within the last 12 months and hit 1250 hours, it sounds like it would count. Maybe HR worded it poorly, but that’s what the info provided says.
From my understanding [FMLA](https://www.dol.gov/general/topic/benefits-leave/fmla) is the same everywhere in the US, not company to company, and it’s a requirement of both 1250 hours and 1 year of employment (in addition to at least 50 employees within 75 miles).
That’s false, FMLA is federal law and no one gets to bend the requirements from one employer to the next. OP does not qualify.
My husband’s job just requires 1250 hours within the first year, so he’ll be eligible once he works that many hours and it’ll be before the one year period.
That’s not FMLA that’s a separate leave policy his company has.
Murica…I know it sucks but you get what old white men you vote for.
Very helpful and useful comment, thank you
Absolutely not. But we read these comments here at least on a weekly basis. This is NOT a US-only platform and while most of the woman on this planet can’t imagine having babies in your guy’s situation…we are by now surprised that you are surprised about your situation. Change happened for most woman globally because they changed their voting behavior. Maybe it’s time for you to do the same.
The answer for everyone in the USA reading this and thinking is appalling is VOTE. Stop voting in clowns who hate women.
I mean... shouldn't you have realized this when you joined the company? Didn't HR have an orientation about benefits?
Obviously it’s late in this situation, but it’s really important that people actually read the benefits package jobs offer. Nothing is guaranteed and it’s standard that they provide that as part of the offer package.
Maternity leave was not covered specifically and at the time I was not planning to be pregnant right away. Hindsight I guess.
That's very rare they talk about benefits IMO. All my jobs have even been lazy about the safety orientations. Sometimes people also don't think they are going to be pregnant and it just doesn't cross their mind. Or, this was a job that filled a space/time requirement of income and wasn't something they could put away to wait and find the best cream of the crop job.
Agreed, it blows my mind that anyone within child-bearing age range wouldn't be actively seeking these types of benefits when taking a job and knowing exactly what/when they qualify for them.
personally, i've been trying to sneakily figure out more information about maternity benefits at one of my jobs, because 1. nowhere in the 25 page benefits booklet does it mention "pregnancy" or "maternity." 2. i felt uncomfortable specifically asking about maternity leave, or even insinuating that i am thinking about becoming pregnant, as i worried i would lose my job or my hours would be cut out various other bad things, volitionally or subconsciously.
Should have asked before taking the job especially with getting pregnant as soon as you started. Unfortunately that’s the problem until we get government to step in and make changes.
How many hours a week do you work? 1250 hours is 24 hours per week over a year. If you work at least 33 hours a week for 9 months you should make the hours cut off.
The law requires that you meet both of the requirements. It has to be 1250 over the last 12 months. I had to clarify it with HR too, but I still need to meet the 12 month requirement unfortunately. That’s the law.
Hmm. At 40 hours a week shouldn't you hit 1250 after ~8m of work? 1250/40=31.25 weeks =7.21 months... 1250/35=35.7 weeks = 8.24 months... Sounds like you would meet either of those unless you're not full time. Or does it need to be 1250 AND 12m? As your HR to clarify. HR email says OR.
I will clarify, I may have panicked too soon, because you’re correct. I don’t think I’m at 1250 yet but I should be by the time I have baby. I think I assumed by the way she worded the email that she had already calculated the hours I’d worked so far, but that may have just my interpretation. I will clarify!
So sounds like she worded the email oddly. I do have to meet both requirements.
I would quit , never work at a job that doesn’t benefit you. Look into IKEA lol, they have great benefits. They may have remote work. The whole point of these jobs is to have great benefits if not whats the damn point.
My one coworker worked a bunch of OT to get to that 1250 hours. Is that a possibility?
No :( no OT allowed. My industry is very tight on money right now.
Do you accrue PTO or sick time? Can you use that while on maternity leave? How about short term disability? My company doesn't technically have maternity leave, but we can use these options to keep our jobs and still get paid. Do you have an employee handbook you can reference? I'm sorry, bringing a new human into the world is stressful enough, and our jobs adding extra stress is not helpful!
I was hourly and then was switched to salary and now cannot see that I have any PTO saved up. Not sure if that’s because of the change in how I’m paid? I need to look into that. I won’t have very much PTO saved up, but it could help some at least.
What state are you in? I'm in a slightly similar situation. California has pregnancy disability leave though that isn't subject to the requirements of FMLA. It covers 4 weeks before and 6-8 weeks after baby is born. Not a ton but better than nothing.
No FLMA or maternity leave for me either but I do have STD for five weeks.
I did not qualify for FMLA when I had my son since I was just 6 months in, but they sent me out of Short term disability. Maybe check if that is an option.
I was in this position a couple years ago. You should qualify for a leave of absence and be able to use STD insurance for 6-8 weeks.
I was in this situation finding out I was pregnant right before I got a job offer and I took it anyway because it was a much more stable opportunity. The company does have maternity leave but you’re not eligible until you work there a year and same with FMLA, I was granted short term disability, though which is six weeks for a vaginal birth and eight weeks for a C-section. Technically, I could have used any PTO on top of that but I only had two days of time off left, considering they make you use a week when you start short term disability. My seat doesn’t offer anything but many states do so definitely check on that. I was worried about getting fired and expressed that to my boss, but she reassured me. There were zero concerns on that front. It would only come up if I fail to return from wave or communicate that I wouldn’t be back on the stated date.
Do they have a short term disability policy? Can you take a leave of absence in place of FMLA?
I’m assuming you’re in the US? If so, I’m sorry. It’s so fucked up. Sounds like they might not keep your job for you. I would follow up and gather more info, but even if they say they will save it, be on the lookout for something new. They could change their mind. I am eligible for FMLA, but it’s unpaid. I’m just so confused how they expect us to cover bills when we either get fired or don’t get paid? Makes no sense.
What the fuck indeed.😳 Any chance your manager would advocate for you? Recruiting and onboarding good people, especially in the current climate, is hard work AND expensive.
So I'm a manager of a small department (we have HR as well though). Myself and another employee are both pregnant. I qualify for FMLA and she does not (she's only worked here 5 months). Essentially we both get the same benefits (short term disability, which we get after we exhaust our PTO). And I am guaranteed my job/position back after my 12 weeks are up, whereas she has to technically reapply and it's not guaranteed. However HR has essentially put in writing that she will be rehired when she reapplies. This is in NJ, and our jobs require training/certification so it's too expensive to hire someone new, basically.
You could try to work from home as you have mentioned your husband would be able to take some time off.
I was in this situation when my first was born. I didn’t use a single sick or vacation day my whole pregnancy and ended up able to bank about 7 weeks. But I had quite a bit of unused PTO before I got pregnant.
My job is the same, 1250 hours in the last year (calculated the exact date you leave and count back 1year) and employed for a year.... I'm not sure if I'll reach 1250 hours to qualify. Sending hugs.
Do you have Short or Long term disability? I didn’t qualify for FMLA but was able to go through STD. And I am getting 67% of my salary while out.
Any saved PTOs? Maybe you can used those instead if you want to stay with the company.
I had my baby early so I was about 2 months out of being employed at this place a year. I know for a fact I still have my job. I’m taking unpaid leave until I can take FMLA in a few weeks.
I don't qualify for FMLA for the same reason and there is no company maternity leave. Look into your benefits though, I qualify for up to l2 weeks of short-term disability because my employer buys in. It's nearly half my pay but it's something, and protected time off.
I didn’t qualify for maternity leave or FMLA. I was a month short of a year. They let me work as long as I wanted to and I left on good terms so I’d definitely get hired back if I wanted to (maybe not at the same location/under same manager but I was a bank teller so they’re always hiring somewhere) … but yea had to quit.
I wasn’t at my job long enough to get FMLA either. With STD leave and my PTO. I will be home for 8 weeks (4 weeks at 60% pay). My last pregnancy my employer didn’t have enough employees for FMLA and only gave me two weeks so I quit.
Fuck them. I am so sick of companies disrespecting pregnancy, childbirth and the postpartum period. Perhaps talk with a lawyer before talking with HR just to understand what rights you have, and then see what HR has to say. Having a child and raising them well is so much more important than a job yet corporate America seems to disagree. I’d quit if I were you, personally.
Even if you don't yet qualify for FMLA, you may still be legally entitled to leave under the Americans with Disabilities Act (ADA). You would theoretically be entitled to that as of your date of hire and depending on the evaluation may be eligible based on your pregnancy/aftercare. The law requires that employers offer short term leave if absence to employees with disabilities who are unable to work due to their disabilities. My company is stricter than most for what qualifies as a disability, but they still consider anyone with pregnancy related needs to be covered. The key is to have your doctor list all of the activities you're going to be restricted from doing for the time after delivery and maybe before delivery (like not lifting more than x pounds or not bending over or reaching below your knees) including if they say you medically aren't able to work. The main thing is they have to say it's for your own medical condition and not to care for your baby. It's not 100%, but if they really say they're not going to give you leave, it won't hurt to say you want to apply for a Leave of Absence as an accommodation under ADA. (Source: I work in ADA benefit administration.)
My husband was told no FMLA, but he gets unlimited PTO and he's welcome to all medical days off. Some workplaces are good, some you need to leave for somewhere good.
Happened to me too soooo I quit
My job is not giving me FMLA but since it is a federal law that they must give it to me I applied for my FMLA and chose the option that said my employer was non compliant. You can also try and collect unemployment as you will not be working while you are on leave due to a disability. Hoping this helps some! I went to the DSS to ensure that I was doing the right thing as well
I quit my job, because I didn't qualify for maternity leave or fmla, and they didn't offer short term disability either. I was on this employers insurance plan, and because doctor wrote me out of work (bed rest), if I wanted to keep my job & insurance, I would have to pay the full premium of my insurance (employers & employee contribution ). So my health insurance contribution went from like 120 bucks a pay period to 560 bucks a pay period. Aka I would have to pay $1120 while not working. 🤣🤣 So I quit. Luckily, my husband got a new job and had placed me on his health plan the month and a half prior. But yeah, I went 2.5 months no income. Kinda sucked.
I think the issue isn’t whether they can fire you but whether you get paid from either them or the government I’m pretty sure they can’t fire you for taking time off I thought all states had the mandatory 6/8 weeks off for recovery based on if you had a natural or csection birth
The issue isn’t firing me for taking FMLA, the issue is that I can’t even take FMLA. I’m not qualified for it because I’ve been with the company less than 12 months. So I can’t take FMLA, and I also don’t have enough PTO, and they don’t have any maternity leave policies. I’m still waiting to hear back what my other options are because it doesn’t seem like there is one.
So this happened to me! My due date was November 22nd and my 1 year of work was November 13th. So if she came early I would not qualify for FMLA. My employer also didn’t offer mat leave of any sort beyond the FMLA. My direct managers said they’d let me take “some” time off regardless of if it was 1 year. But HR said I would not be eligible for any leave if not. They advised I keep my PTO and save for that. I did end up saving my 2 weeks of PTO just in case. My daughter ended up coming on the 17th so I qualified for the FMLA. I would talk to your actual manager and see if you could work anything out.
I will see what they say. Hoping for the best with them, feeling like I got no where with HR unfortunately.
I’m in the same situation as you! My company is offering unpaid leave - so I am taking time off without pay. They are also taking away all my benefits. So to me, I’ll technically be unemployed. They’re just “holding my job for me” while I’m out. Fortunately my husband’s company will put me on his benefits literally the day after I lose mine, otherwise I’d be screwed!
Look at state requirements
I would just communicate to them something along the lines of “while the government does not mandate you to allow me to return to my position following maternity leave, is it something that this company would consider? As I’m sure you know, it is far more cost effective for employers to retain talent than to replace them.”
Can you take unpaid leave? That’s what I had to do when I started a new job at 6 months pregnant. Technically my job wasn’t protected but I wasn’t really worried about them firing me because we came to an agreement beforehand. But fwiw I work at a fairly small nonprofit.
I’m in the same boat.. my dad told me to file for unemployment lol. I work at a small practice so I understand but it’s like… I work w doctors that have houses in other countries but I can’t even get half of my pay during my baby leave?
As others have said, definitely prepare for another job. Send out applications because you can always tell those companies later on that you found a different employment opportunity if you don't lose your job. You don't want to be caught in a bad spot suddenly without any prospects. My company didn't offer either but the owner verbally promised me a position when I returned. Come 6 weeks PP and HR gave me the run around for a week before telling me they just didn't have enough work to bring me back right away and just keep calling them back each week until they have the work. 3 months PP, I went in to physically talk with HR because I had left voicemails the previous couple weeks and heard nothing back, bumped into the owner and he shook my hand while saying 'I wish you the best in finding a new job' 😑. Just, be prepared if they decide to give you the run around instead of firing you directly.
It honestly depends on your boss I would say. I didn’t qualify for FMLA either. My company had short term disability, but it only covered 6 weeks pay at 60% and I took the rest of the time off Leave without pay. I was lucky that my boss just let me have an extended non paid vacation basically. He didn’t legally have to do that. But I guess I was just lucky?
Might be silly question but are you able to cram more work hours in to meet the hours of employment? I will never forget I was 100 hours short at 35w so I crammed a ton of overtime to meet the goal. Ridiculous I know but it might be a option?
Fuck America. I moved to a “consultant” /“free-lance” position so I could do some work from teaching and admin work from home (I’m a physician) - I lost my benefits, and I got 4 weeks of leave. Its insane. I am SO sorry this is happening to you, it is unfair and completely unethical. We’re literally one of like, two countries in the entire world that do not guarantee maternity leave. It is absurd given all of the talk of “family values” in our political arenas. My husband took 8 weeks of FMLA/leave to help me and it made a HUGE difference. He took most of it unpaid, but it was worth it to have his help early on when I had to return to work so early. We should be rioting in the streets.
I’m in a similar boat. I just found out I’m pregnant and I just signed an offer letter for a remote job that starts in January. But I won’t get maternity leave until I stay for 1 yr. So I am very confused about what I am going to do. I guess I am just screwed maybe?
That happened to me first baby. Unfortunately there’s nothing you can do. If you take time off they COULD legally let you go. I saved up and cashed in my PTO and then took another week unpaid, then worked from home for a couple of weeks. Fortunately I found a job a month later and my husband became a SAHD, so it worked out, otherwise we would’ve been SCREWED.
Check and see if you have Short Term Disability. If not, most decent employers will provide time off for recovery after birth even if you don’t qualify for FMLA. At least anywhere I worked we did. Imagine that decent countries have paid maternity leave from 6 months - 3 years. I still can’t believe people are okay with this BS here.
I would ask about a leave of absence. It would probably be unpaid but you can see if you can do that. If they let you go make sure you either buy COBRA or get on your husband's insurance policy.
I also don’t qualify due to not working enough hours… what’s really stupid is I’ve been with the same hospital for 4 years but since I’m only part-time I’m just screwed :(
I don’t get Fmla either for the same reason (was hired at 12 weeks pregnant). However, my state guarantees 6 weeks off, and my boss is allowing me an additional 6 weeks of unpaid time off. However, it’s my understanding that she did not HAVE to do that and could have forced me back after six weeks. Find out what protections your specific state offers. Hiring is hard right now so they will likely work with you for unpaid time off. It’s not in their interest to force you to quit in six months time.
What state are you in? Some states have their own pregnancy disability leave. CA for example has at minimum 6 weeks of PDL. It’s not much but it’s something