Monday, December 12, 2011

FMLA - Family Medical Leave Act Questions, HELP??


Babies in their Christmas outfits :)

Benjamin's baptism (and Mary Jacinta's annointing with Chrism since she was already baptized in the NICU)

My last prayer buddy sent the babies these adorable pea pod hats - thanks again Kate!

I have such anxiety thinking about returning to work on January 3. I go to mass every Saturday night while DH stays with the babies, have been to Walmart once, Macys to get "big girl pants" for the babies baptism last Sunday, and to get my hair cut. Other than that, I don't leave the house and am completely happy to be holed up inside with my babies. January 3rd marks 13 weeks I've been home since we brought Mary Jacinta home on Sept 29. I used 1.5 weeks paid vacation, 2 weeks unpaid leave, and 8 weeks short-term disability pay for the c section recovery period and my school's Christmas break just coincides for an additional 2 weeks.

My question (and I pray someone knows the answer!!!) is this:
Am I guarenteed 12 additional weeks due to the adoption? The US Dept of Labor's website states FMLA leave of 12 weeks is granted for birth of a child, adoption of a child, military leave, to care for a sick relative. SO???? Can I take additional time off? Things will be T-I-G-H-T around this house without my return to work for 3 more months, but I know God will provide. These may be our only babies, and I want to spend as much time as possible with them! I will always have to work to provide insurance since DH is self employed, but under FMLA law, insurance is still paid by the employer during that leave. I am about to call our HR person....so nervous!

15 comments:

  1. I do not think you'll get another 12 weeks off because it's 12 weeks per year. The company decides whether it's a calendar year or a rolling year (starting the first day you took FMLA). Laws may vary by state. A company can decide to be more generous.

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  2. I am so sorry that you have this stress! We get a year of paid (not 100% pay, but at least 60% of your pay) up here. Twelve weeks is nothing! It just burns me up!

    I don't have any answers, but I do have prayers for you!

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  3. Hey Allie - I think the 1st commenter is correct, I have always heard of 12 weeks a year guaranteed (but the employer can be more generous). I pray that yours will be that way!!!!! Love you guys and those pea pod hats are so stinking cute!!!!

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  4. I hope you can get your extra 12 weeks. I gave you the Liebster award, by the way. Your babies are so precious. Who would want to leave those two little faces.

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  5. The babies are so so cute and they have grown so much! I love the last pic.. Praying that you get those extra 12 weeks of leave.

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  6. I have no answers, but will pray that you get the additional weeks!!!
    Your babies are SOOOO cute! Ahhh, how do they look so big already?!?!?

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  7. I've always understood that you get 12 weeks max per year total for any incident(s) for which you claim FMLA, whether you take some of that leave on a paid basis (sick or vacation) or not. (If you used sick leave or vacation earlier in the year but did not claim FMLA, that wouldn't count against the 12-week total.)

    As the Department of Labor's website states (here: http://www.dol.gov/whd/regs/compliance/1421.htm),
    Employees may choose to use, or employers may require the employee to use, accrued paid leave to cover some or all of the FMLA leave taken. Employees may choose, or employers may require, the substitution of accrued paid vacation or personal leave for any of the situations covered by FMLA. The substitution of accrued sick or family leave is limited by the employer's policies governing the use of such leave.

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  8. Also, as indicated above, the year may roll over on January 1 (you'd have to check with your employer), so that could give you another 12 weeks.

    Have you considered talking to your employer about a (non-FMLA) leave of absence? Maybe taking a status without pay (or benefits?) but having an agreement that you can have your job back in, say, a year? (If their business is going down the drain by that time, that agreement won't be worth anything, but then most employees can always be fired at any time, so that's probably a wash.)

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  9. What you need to find out is whether or not it is per calendar yr. I get the remainder of this year under FMLA protection. I also am allowed to take 12 weeks beginning 1/1/2012 I just have to re-apply. There are some companies that write this 12 weeks differently but I believe the only accurate answer you'll get is with your HR department.

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  10. I have no idea, Allie, but am praying for you and LOVE the new header!!

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  11. I don't know either but your babies are GORGEOUS! What a blessing to you and your husband :)

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  12. My husband is an FMLA expert. He says you can have more than one qualifying condition but only have 12 weeks of FMLA per year.

    The babies are GORGEOUS.

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  13. YES GIRL.
    You are guaranteed the same rights under FMLA that a woman who gave birth is.
    I took my entire 3 months. (And you can add on 3 extra months if you desire.)

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  14. What did you find out about your FMLA?

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  15. Is the most incredible miracle! Beautiful both of them. And you are a courageous woman!

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