FMLA Question for Anyone with Insight!

Parentberries
1

Hello!

My husband and I just found out we are pregnant with our first! It is still extremely early, but I’m trying to rap my head around what to expect in less than 9months assuming all goes well. In [name_f]October[/name_f] I will have been at my new job for a year. The maternity leave consists of taking two weeks of PTO, then six to eight weeks of short term disability. If I want to go for 12 weeks, I will have to use FMLA. If baby is born a little early or even right on time, I would be about a week or two early for FMLA eligibility. My question is this:

If I have baby a week before I become eligible (minimal hours more than met), would I still become eligible while I’m off of work with PTO/short term disability? Or does the eligibility timer pause as soon as I take time off?

If that makes any sense, any insight is helpful! I’ll talk to HR as soon as I’m ready to let my boss in on my little secret. I’m sure they will be my best resource.

Thank you!!!

2

The short answer: you’re going to need to get the specific details from HR.

Not every employer will be obligated to provide FMLA-- an employer can be too small to offer FMLA.

You’ll need to notify HR of your request and they’ll definitely let you know what to expect-- your PTO weeks should count as “working” toward the 1 year/1250 hour eligibility requirements, but your short term disability period may not, depending on how this is handled at your organization. If you are paid through an insurance carrier and not on the payroll this may hold up your FMLA eligibility. Still, at least in my experience, employers want to keep good employees and will help you plan your leave whether or not it is technically protected by FMLA.