Anyone know the specifics on FMLA?

[bensgirl1222]

I am asking bc my MIL used to watch DS while I worked PT Mon-Wed. Well, last Wednesday she fell and broke her arm. She obviously cannot watch him until she is better which could be about 4-6 weeks or who knows...maybe more. Anyway, DH and I have been looking for PT temporary care for our son. There are 2 problems to this scenario... one is nowhere offers PT daycare. We'd have to pay FT prices. Well, that wont fly not to mention I am not sending my son to some random daycare. And also, nowhere wants a temporary child. My SIL is a teacher and her friend said she would watch him this week bc she wasnt working her PT job but after this week we again have no one. I was going to tell my job what is going on and see if I can take a leave of abscense until MIL gets better but I wanted to know if this would grounds for them firing me? I looked up the FMLA and it says something about if a loved one is sick. No one is sick but I have NO one to watch DS and I refuse to just send him to some random stranger that I find in the paper.

I guess I just would like to know my rights (if any) before I go talk to them.

TIA!

[jennylou]

I don't think this situation would be covered under FMLA, sorry.

The part about a family member being sick - that's if you need to take care of them. Not that you need leave to take care of your son who used to be watched by that family member.

[bensgirl1222]

Yeah thats what I thought. I was just kind of stretching... Thanks.

[Ohana]

Hm, I could be wrong, but I think you can take FMLA to care for an infant under 1 year of age. I'm quite certain my company allows one to take leave and use FMLA as "bonding time" with a biological, foster, or adopted child under age 1. The only caveat is that leave must be taken in 1 week increments; you can't take a couple of days off and claim FMLA for it.

[jennylou]

Hm, I could be wrong, but I think you can take FMLA to care for an infant under 1 year of age. I'm quite certain my company allows one to take leave and use FMLA as "bonding time" with a biological, foster, or adopted child under age 1. The only caveat is that leave must be taken in 1 week increments; you can't take a couple of days off and claim FMLA for it.

Yeah, that's true. I sort of just assumed (wrong I know) that she probably already took her 12 weeks when her baby was born.

[bensgirl1222]

I took 8 weeks when DS was born.

[jennylou]

So, you could probably take four more weeks then. :)

[Ohana]

Also, the 12 weeks per year may be per calendar year, so you have a whole new 12 weeks to burn up (I'm not sure about this, though, so please check with your HR guru).

[polarama]

Your company also has to be eligible to be covered under FMLA (more than 50 employees).

If you are on good enough terms with them, maybe you could just go the unpaid leave of absence route?

Actually a lot of daycare centers will take temporary kids (back up or emergency care, is what they call it), but it's way pricier, and I understand your hesitation to make a daycare decision so quickly.

[MrsBeckyLP]

Do you feel like you're on thin ice already? I mean, I'd like to think your employer would be understanding and not looking for a reason to fire you, KWIM?

[maniach]

Not that this helps at all, but there are some church daycares that will do PT if you have the time/resources to hunt them down.

Other than that, I agree with JennyLou that you probably have 4 weeks of FML left and hopefully they will agree to let you take it. They may also just allow unpaid leave.

[shaqangel]

Also, the 12 weeks per year may be per calendar year, so you have a whole new 12 weeks to burn up (I'm not sure about this, though, so please check with your HR guru).

this is what i was told when i was planning my maternity leave. you get 12wks each year and you can split up the time however you want. its not paid but your job is held for you. we've had some people here who have taken a leave of absence for a year and come back to their jobs.

[Ummm]

Also, the 12 weeks per year may be per calendar year, so you have a whole new 12 weeks to burn up (I'm not sure about this, though, so please check with your HR guru).

i think that may depend on your company. if i remember our policy correctly, it used to be 12 weeks per year, now it is 12 weeks per the last 12 months (ie, depending on what you've taken in the last 12 months, if that makes sense).

[bensgirl1222]

Thanks everyone! I tt my employer and I'm going to take unpaid leave until MIL is better or I find someone to watch him.

Thanks for all your advice :)

[mommy2allyandaveri]

If you are taking time off on FMLA you can not be fired, your job is protected. I believe on top of the 4 additional weeks you can take there is also something called "Baby bonding period" (at least in CA) which is an additional 6 weeks that you can bond with your baby.

Now you may be able to lose your benefits during this time depending on your company policy. When I was working I had to continue supplimenting my disability with vacation and if I ran out for longer than a week I think I would lose my benefits. I hope that all makes sense...

[mommy2allyandaveri]

Thanks everyone! I tt my employer and I'm going to take unpaid leave until MIL is better or I find someone to watch him.

Thanks for all your advice :)

I didn't read that before I posted. I'm glad you got it worked out!

[dionysia]

If you are taking time off on FMLA you can not be fired, your job is protected

Not 100% true.

If your job was going to be eliminated regardless of your FMLA leave, you can be terminated.