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Old 01-01-2010, 08:15 AM   #1
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Question Not covered by FMLA-What are my rights?

I'm feeling very anxious because my surprise pregnancy has a due date one month before I will have completed 1 year at my job. I believe they have disability for those that aren't covered under FMLA but it's only for 6 weeks. Any one know the rules well enough to know if I have a right to get my 12 weeks unpaid? Or if I can use my disability and then be eligible for FMLA? Or do I have to be physically present that last month to be considered there for one year? I will have 1 week of vacation time I can use then, and another week once my anniversary goes by.

My last baby came two days before his due date, but I was not working long hours like I am with this pregnancy. I just can't imagine only 6 weeks, but will be a difficult decision because this is a good job, and unfortunately my husband cannot be the main bread winner.

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Old 01-01-2010, 08:39 AM   #2
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Re: Not covered by FMLA-What are my rights?

I was not covered under FMLA with my youngest ds, I only took off 5 weeks and was perm. laid off my 2nd day back. I was so happy that I didn't need to make the choice between the good job and the baby time. I think that if you can go to a HR person and ask your very specific questions they should try to help and keep your confidentialty. I wish you the best in your situation.
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Old 01-01-2010, 08:39 AM   #3
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Re: Not covered by FMLA-What are my rights?

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Originally Posted by Chessie View Post
I'm feeling very anxious because my surprise pregnancy has a due date one month before I will have completed 1 year at my job. I believe they have disability for those that aren't covered under FMLA but it's only for 6 weeks. Any one know the rules well enough to know if I have a right to get my 12 weeks unpaid? Or if I can use my disability and then be eligible for FMLA? Or do I have to be physically present that last month to be considered there for one year? I will have 1 week of vacation time I can use then, and another week once my anniversary goes by.

My last baby came two days before his due date, but I was not working long hours like I am with this pregnancy. I just can't imagine only 6 weeks, but will be a difficult decision because this is a good job, and unfortunately my husband cannot be the main bread winner.
Do you accumulate sick/holiday leave? In my institution if you haven't worked there for a year you qualify for parental leave, which is 6 weeks. While you're off your paid vacation and sick leave/holiday hours that have accrued start being counted---as long as these are being counted it's as if you're still at work. As a result, if you were a couple of weeks away from qualifying for FMLA you could actually end up qualifying for FMLA while on parental leave since you were technically "at work" since you were still being paid. Then, you're able to use FMLA to get more time off. Does that make sense? I know it's confusing. I would check with your HR and ask about their policy.

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Old 01-01-2010, 12:09 PM   #4
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Re: Not covered by FMLA-What are my rights?

It depends on the state that you are in as well.

Disability isn't always "protected" and I believe the company can still let you go during that time, depending on the state laws.
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Old 01-01-2010, 12:17 PM   #5
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Re: Not covered by FMLA-What are my rights?

My company did let me go as prgnency with out complications is NOT considred disability. I was not covered by FMLA because the company I worked for was to small. Only if your doctor will put you on bed rest or restricted activity will it be covered under disablity (as far as I was told)

Sorry and I hope you find a way to work thing out.
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Old 01-01-2010, 12:56 PM   #6
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Re: Not covered by FMLA-What are my rights?

Have you talked to your employer about it? They may be willing to work with you on it. I would talk to them first to see what they can or are willing to do for you.

In NJ you only get 6 weeks after the birth or 8 weeks if c-sec. But I'm 1099 so I don't get diddly squat. I don't work, I don't get money.
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Old 01-01-2010, 01:03 PM   #7
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Re: Not covered by FMLA-What are my rights?

ALL disability insurances cover pregnancy. They tell you what they want you to know, you have to figure out the rest. Call the disability provider directly. As far as FMLA, most respectable companies wouldn't make a fuss over a month or so, at least not in my experiences. My advice is to speak with an HR person directly.
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Old 01-02-2010, 02:26 PM   #8
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Re: Not covered by FMLA-What are my rights?

Are you talking about disability insurance?? I think pregnancy is only covered in short-term disability insurance, not long-term disability and most don't sign-up for the extra short-term disability insurance when completing their HR paperwork (it's sometimes an extra fee).

I'm with all the pp who suggest you go to your HR rep and discuss your options/benefits. They should be able to inform you of all your options.
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Old 01-02-2010, 02:59 PM   #9
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Re: Not covered by FMLA-What are my rights?

yes mama, short term disability is what I was referring to, sorry for any confusion! I definitely agree she should talk to her HR as soon as possible!
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Old 01-02-2010, 05:24 PM   #10
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Re: Not covered by FMLA-What are my rights?

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As far as FMLA, most respectable companies wouldn't make a fuss over a month or so, at least not in my experiences. My advice is to speak with an HR person directly.
FMLA is just what employers HAVE to do. Many are willing to work with good employees who are not protected by FMLA even though the law does not require it.
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