Author Topic: FMLA for new baby  (Read 3238 times)

frugalnacho

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FMLA for new baby
« on: July 15, 2021, 12:56:28 PM »
Anyone have any experience using FLMA?  We are expecting our second baby in early October.  I have used all my sick days and the majority of my vacation days (I have 3 left in 2021) when I had a tonsillectomy a few weeks ago (the worst pain of my entire life, but that's a story for another thread).

I have been at this job full time for a little over 2 years, so in reading the employee handbook it appears I am eligible to take FMLA.  I spoke to some relatives who cautioned that many companies require you to exhaust all your PTO before granting FMLA.  The employee handbook is unclear and says "An employee taking FMLA leave is / is not required to use concurrently all available paid leave".  I get the feeling they used some template and were supposed to revise it to choose either is or is not, because it doesn't make sense to me as it is stated in the handbook.  I will clarify with HR, but I want to have things planned out a bit more before I talk to them.  With only 3 vacation days left it doesn't seem like it will be a big deal either way. 

The handbook also states I will retain my insurance benefits during FMLA, but I have to submit a check to the company to cover the portion of the premium I would normally pay ($119.10/wk for family medical coverage).  I also have to return to work for at least 30 days after FMLA, otherwise I'll owe the company back their portion of the premiums.

I don't like my job, and I don't like the company.  I could rant on and on, but I feel like the company is shortsighted, always seemingly in financial trouble, disorganized, and apathetic.  Anytime I try to implement policies they are met with apathy, and I have no real authority to force anyone to comply, so I've given up caring and lost all motivation to make improvements, and do the bare minimum that I'm required to do. I tried to stick it out, then covid hit and with all the uncertainty I felt trapped so I stuck it out longer.  I started job searching and did a few interviews towards the end of 2020, but obviously didn't find anything.  During the job search I reconnected with some former coworkers that want to start a company, so I quit the job search and focussed on that, but now over 6 months later and they haven't taken the leap despite their stated urgency at the beginning of the year.  I think they are hesitant to make the jump and quit their jobs, and are afraid of legal ramifications of starting a competing business, but they haven't taken any steps to address those concerns and haven't quit so the "non solicit" employment agreement clock is still in effect for them, so essentially no progress on their end.  They still claim they are eager to start a business...but I'm sick of waiting on them, especially when FIRE feels so tantalizingly close.  If I had known they were going to wait this long I would have just kept job searching.  If they wait much longer I will be so close to FIRE that I will no longer be interested in starting a business with them. 

I can afford to take unpaid time.  We have a bit over $800k invested, and our only debt is $165k mortgage ($685/mo, 2.875%).   Our annual spending is...I don't know.  I stopped tracking it and life has been bonkers the last few years.  Since 2017 I have had the company I work for bought out, had a child, had 2 cars totalled and replaced, quit and started a new job, got laid off from that job due to plant closure, started my current job, and are now almost 7 months pregnant with a second child.  Expenses seem to be creeping up, but we manage to max 401k and IRAs ($31.5k/yr) and dump a bunch money into taxable accounts each year.  Currently have about $170k in taxable brokerage.  My plan has been to just keep saving, and worry about figuring the finer points of our spending budget down the road when we have more money and life settles down.  I am beginning to suspect that life with 2 children is never going to settle back down though and I am destined to live in chaos, at least for awhile.   

I'm hesitant to just quit because we need insurance, and we don't have enough to fully FIRE (even if we managed to get free healthcare somehow).  I've entertained the idea of moving to a job I think I would enjoy and be passionate about and would presumably be much lower stress (working in the recreational cannabis industry, working at a music store dealing with guitars, becoming a lifeguard at a pool, etc), but they all pay shit and I'm afraid that instead of another 3-5 years of high stress highish pay I will be dooming myself to a 15-20 year career at a downshifted job, which I will also grow to also hate.  Also while a lower stress job sounds nice, I really crave the freedom FIRE will bring where I won't have to work and it can be completely optional, so I feel obligated to just tough it out making as much money as I can until we cross that threshold. 

This has been a bit of a rambling and ranting post.  Since I essentially have no vacation left I was planning to take FMLA after the baby comes, but the more I think about it I am considering taking an extended amount of time off (maybe 6-10 weeks?) just to get a temporary break from this job.  Maybe look for a new job in the meantime. 

Does anyone have any advice or input regarding FMLA?  It seems I'm legally entitled to take it, but I can't imagine it's going to go over well with the company.  This thread was started primarily for FMLA, but any other advice or input on anything else is welcomed too. 
   

jim555

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Re: FMLA for new baby
« Reply #1 on: July 15, 2021, 01:51:17 PM »
I would be careful about going the FMLA route.  Some companies will hold it as a black mark against someone, even though legally they are not supposed to.  Maybe just asking for time off might be a better option. 

startingsmall

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Re: FMLA for new baby
« Reply #2 on: July 15, 2021, 02:00:20 PM »
The only real protection that FMLA affords you is having your job held for 12 wks and getting to keep your insurance benefits while you're out. FMLA leave is unpaid, unless your employer offers some sort of disability insurance that would pay you while you're out.

I would go ahead and use FMLA leave after your delivery, then see how you feel upon returning to work. Worst case scenario, you stay in the job for one month to avoid having to repay your benefits and then move on... but you may find that your priorities shift after having a kid (either wanting to downshift or feeling more motivated to FIRE quickly), so I'd wait and see how you feel at that time.


frugalnacho

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Re: FMLA for new baby
« Reply #3 on: July 15, 2021, 02:17:10 PM »
I would be careful about going the FMLA route.  Some companies will hold it as a black mark against someone, even though legally they are not supposed to.  Maybe just asking for time off might be a better option.

How is taking unpaid time off any different from unpaid FMLA time off?  I kind of figure they won't like it either way, but in case my feelings about the job weren't clear: Fuck em, I don't want to keep working here anyway, but I don't want to leave without lining something else up first.


The only real protection that FMLA affords you is having your job held for 12 wks and getting to keep your insurance benefits while you're out. FMLA leave is unpaid, unless your employer offers some sort of disability insurance that would pay you while you're out.

I would go ahead and use FMLA leave after your delivery, then see how you feel upon returning to work. Worst case scenario, you stay in the job for one month to avoid having to repay your benefits and then move on... but you may find that your priorities shift after having a kid (either wanting to downshift or feeling more motivated to FIRE quickly), so I'd wait and see how you feel at that time.

I'm fine with not getting paid for a bit.  My main concern is not having insurance, and also not having employment.  I'm afraid if I just walk away from this job without a new one lined up, employers will be reluctant to hire me.  I somehow think telling them I just straight up hated my job and wanted to take a few months off* won't be received very well and they would feel much more comfortable hiring me if I was actively employed at the time.  FMLA seems like a way to temporarily walk away from the job, but then come back and be actively employed while applying to other jobs.

We already have a 3 year old.  I want to FIRE and spend more time at home with him.  I hate that I have to spend my summer days in a shitty plant instead of bike riding or playing trains with him.  I'm still home every night, but I can't help but feel I'm missing out on some quality time with him.

*Or any excuse really.  I just don't think employers like seeing gaps in work history regardless of the excuse.

Lucky Recardito

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Re: FMLA for new baby
« Reply #4 on: July 15, 2021, 02:19:59 PM »
Oh my gosh, please take FMLA.

It's a legal right, not a trap. Assuming you're eligible (which it sounds like you are), you are entitled to 12 weeks off when a new child joins your family. Your company has to give you an equivalent job (same pay, level of seniority, working conditions, etc) when you return. If you're really worried about your company totally sucking on the HR front, you can cover your bases by putting everything in writing and making sure to invoke FMLA by name -- something like, "Hi HR! I'm expecting a new baby roughly [date]. I plan to take 12 weeks of leave to bond with our new child, per the FMLA. Please let me know what the process is to get this plan squared away."

Reading your employee handbook is a good idea, but some maybe-useful specific notes:
* Some employers can require you to use some or all accrued paid leave WHILE on FMLA (that's the "concurrent" language you're seeing) -- I agree that it looks like someone copy-paste-borked the handbook. (The law allows employers to set this policy. Employers who really don't like employees being away from work often have the "concurrent use" rule, so you can't, say, take 12 weeks of leave and then also 3 weeks of vacation or whatever.) I'd just ask them, in writing, what the official policy is.
* You can use that 12 weeks anytime up to a year after your baby's birthdate. For example, your spouse could take leave immediately, and you could then take leave when they return to work. (That's literally what my spouse and I are doing right now -- just did the swap.) Doesn't have to be right when the kid is born.
* If your employer allows it (this is another thing the law lets them choose), you can split up your 12 weeks. For example, you could choose to take 2 weeks immediately when the child is born, and then go back to work, and then take 10 weeks off when your spouse goes back to work. It would be legal for your employer to require you to lump all your child-related FMLA time together, tho.
* FMLA is one bucket per year -- so keep in mind that using all your 12 weeks for this kid would mean that if you have to have surgery later on, you might be SOL.
* The way your company handles medical insurance premiums during leave is also legal & pretty standard.
* Opposite of what jim555 is saying, I've seen more companies who run scared of FMLA, and will fall all over themselves to make sure they do it right.
* There will be some forms to fill out. If your company is small, HR will probably send you a form and it may make no sense. (My husband's company sent him a form for his paternity leave that required him to fill out a bunch of medical questions. I literally drew smiley faces and question marks in the boxes that made no sense and we moved on with our day.) If your company is large, you may actually get handed off to an external company to process and approve your request. That's a pain in a butt, but another good sign that a company wants to do it right and not get in trouble.

Take time off; take a breather; enjoy your family; and then figure out long-term work stuff later!



jim555

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Re: FMLA for new baby
« Reply #5 on: July 15, 2021, 02:30:05 PM »
If you are going to use FMLA, go straight to HR, do not discuss your situation with anyone else, or your boss.  HR is supposed to keep it confidential.  My opinion is from decades of observation in the corporate world.  FMLA can really set off upper management, and you might damage your political position in the company.  If you don't see yourself long term in the firm then that is a reason to do it.  They might accommodate a FMLA person, but things like promotions might not happen if they think you slighted them.

startingsmall

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Re: FMLA for new baby
« Reply #6 on: July 15, 2021, 02:49:42 PM »

* You can use that 12 weeks anytime up to a year after your baby's birthdate. For example, your spouse could take leave immediately, and you could then take leave when they return to work. (That's literally what my spouse and I are doing right now -- just did the swap.) Doesn't have to be right when the kid is born.


This is a great point... I always forget that it doesn't have to be used right after birth!

frugalnacho

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Re: FMLA for new baby
« Reply #7 on: July 15, 2021, 02:50:18 PM »
My wife doesn't work.  I originally had wanted to retain my vacation to use around christmas time, because I always take a week off during the holidays.  I don't even have enough vacation (3 days) at this point to take a full week off anyway, even if they didn't force me to use my vacation concurrent with my FMLA request. 


I don't know if I need the full 12 weeks.  2-3 weeks would be great to transition with the new baby, and a little longer would be good just to have time off.  12 weeks might be too much time off, unless they let me split it up.  I do a lot of slacking off at my job, and I'm not motivated to implement any new programs, but there is environmental stuff with deadlines and I couldn't get it done if I was gone for 12 weeks straight, especially as that would put me out until close to the end of the year. 

iris lily

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Re: FMLA for new baby
« Reply #8 on: July 15, 2021, 03:12:02 PM »
The only real protection that FMLA affords you is having your job held for 12 wks and getting to keep your insurance benefits while you're out. FMLA leave is unpaid, unless your employer offers some sort of disability insurance that would pay you while you're out.

I would go ahead and use FMLA leave after your delivery, then see how you feel upon returning to work. Worst case scenario, you stay in the job for one month to avoid having to repay your benefits and then move on... but you may find that your priorities shift after having a kid (either wanting to downshift or feeling more motivated to FIRE quickly), so I'd wait and see how you feel at that time.
This.

FMLA is for the well-off middle class that can afford to be without pay.

Me, I think it’s a great benefit but I recognize that it’s not a great benefit for everyone.

I don’t have anything new to add,  I would  just tell the OP to file for it with his HR department.He can always come back to work early from the 12 weeks. It also makes a certain amount of sense to do that if there is value in saving the rest of FMLA for that year.Little kids get sick a lot. Having two little kids is a lot of work and you can always use it, intermittently, for a specified health issue for you as well as those in your household.

As for them “letting you split it up” It seems like a gray area, and as long as you can get a position to agree that you need to be home in a capacity to take care of your newly born child, you can probably make that work. I had many employees take FMLA over the years and they were some interesting attempts to game the system.
« Last Edit: July 15, 2021, 03:17:56 PM by iris lily »

Lucky Recardito

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Re: FMLA for new baby
« Reply #9 on: July 15, 2021, 03:54:55 PM »
As for them “letting you split it up” It seems like a gray area, and as long as you can get a position to agree that you need to be home in a capacity to take care of your newly born child, you can probably make that work. I had many employees take FMLA over the years and they were some interesting attempts to game the system.

The statute is written that 12 weeks are allowed for the birth of a baby, and an employer CAN allow a worker to split that into segments, OR that employer can require you to take all the time you want for that event all at once (be it 12 days or 12 weeks). It's an employer policy choice. For bonding leave with a new child, you don't have to "prove" any specific need. But if the employer policy is "take your leave all at once and be done with it," then that's just that, end of story. (Rules are different for a medical condition that might require you to take leave intermittently, but I'm just talking about parental bonding leave here.)

Lucky Recardito

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Re: FMLA for new baby
« Reply #10 on: July 15, 2021, 03:57:51 PM »
My wife doesn't work.  I originally had wanted to retain my vacation to use around christmas time, because I always take a week off during the holidays.  I don't even have enough vacation (3 days) at this point to take a full week off anyway, even if they didn't force me to use my vacation concurrent with my FMLA request. 

Another option: save your FMLA for the holidays (since that'll be within 12 months of the birth). Take, like, all of Dec and Jan off or whatever. Esp useful if your employer lets you split it up -- eg, 2-3 weeks when baby is born, + whatever you want around the holidays as more FMLA bonding time. That gets you out of counting/saving your vacation days as long as your primary concern remains "flexibility to take time away from your work and be with your family" and not "get paid for days not worked." Which it sounds like is true!


frugalnacho

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Re: FMLA for new baby
« Reply #11 on: July 15, 2021, 06:21:13 PM »
I would be afraid of straddling 21/22 just in case they would force me to take all my vacation time starting Jan 2 concurrently with the FMLA.  Sounds exactly like the kind of dick move my employer would pull

Sibley

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Re: FMLA for new baby
« Reply #12 on: July 15, 2021, 06:29:54 PM »
askamanager.org

1. There are ways to talk about leaving a job that doesn't involve badmouthing the job.
2. You may not even need to disclose that you took FMLA. On your resume, you wouldn't show a gap.
3. You don't like your job. Pull out the resume, give it a good update, and start looking for a new job. It can take a long time to find a new job (depends on the field).

iris lily

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Re: FMLA for new baby
« Reply #13 on: July 15, 2021, 08:30:53 PM »
As for them “letting you split it up” It seems like a gray area, and as long as you can get a position to agree that you need to be home in a capacity to take care of your newly born child, you can probably make that work. I had many employees take FMLA over the years and they were some interesting attempts to game the system.

The statute is written that 12 weeks are allowed for the birth of a baby, and an employer CAN allow a worker to split that into segments, OR that employer can require you to take all the time you want for that event all at once (be it 12 days or 12 weeks). It's an employer policy choice. For bonding leave with a new child, you don't have to "prove" any specific need. But if the employer policy is "take your leave all at once and be done with it," then that's just that, end of story. (Rules are different for a medical condition that might require you to take leave intermittently, but I'm just talking about parental bonding leave here.)

Ok, thank you.

mm1970

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Re: FMLA for new baby
« Reply #14 on: July 16, 2021, 11:05:47 AM »
I would be afraid of straddling 21/22 just in case they would force me to take all my vacation time starting Jan 2 concurrently with the FMLA.  Sounds exactly like the kind of dick move my employer would pull

Yeah, they might do this.

@Lucky Recardito has it.  Take the time.  Tell HR you are going to take the time.

Figure out how much you want to take, and add 2 weeks.  You can ALWAYS come back earlier if you want (I did, with both kids).

EarlyInJourney

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Re: FMLA for new baby
« Reply #15 on: July 16, 2021, 11:51:51 AM »
FMLA is fantastic... for some people, in some jobs, for some employers.  It was great for me and my family this past year - our first child was born at the end of Feb 2020.  I work for city government, and they were very accommodating and flexible - employees do this all the time, no worries.  I was planning to use 6-8 weeks right after baby arrived, but then Covid arrived in mid-late March, and everyone started working from home, and... I didn't really need to use FMLA, since I would be home anyway, and could give my wife the smaller essential breaks during the day that she needed.  So I just did FMLA for the month of March - coming back earlier than planned was no problem - and saved the rest to use throughout the rest of the year (within 12 mos of birthdate).

I say some people, because I was required to use my PTO concurrently with the leave.  I had about 1.5 weeks accumulated at that point.  Thankfully, we had budgeted and saved so that I wasn't financially forced to go back to work after my 8 paid days were used up; would have been a very different story if we were living hand to mouth - FMLA doesn't help with that.

I say some jobs, because my position doesn't have crazy deadlines that I would have had to navigate, regardless of FMLA.  It was not an unofficial (and illegal) black mark against me to take off work, in part because it didn't mean a bunch of important stuff got dumped on 1 or 2 other people, or that projects didn't get done.

I say some employers, because my supervisors were cool and flexible and worked with me - what they probably cared about most was that I communicated everything very clearly in writing, with as much advance warning as possible.

Only using 5 weeks of FMLA at birth worked out very nicely.  At about 6 months old/August, our child had some health issues, and I used another 3 weeks to help navigate that.  Then I used the remaining 4 weeks at the very end of the availability window, in Jan/Feb 2021, which was really nice.

My sense is that it's very common for employers to require you to use whatever PTO you have concurrently with FMLA - they can deal with you being gone 12 weeks (it's the law and all), but they really don't want you gone 12 weeks PLUS whatever PTO you may have, which for some lucky ducks may be months...

Good luck!

jac941

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Re: FMLA for new baby
« Reply #16 on: July 16, 2021, 02:19:10 PM »
I agree with most of the above posters - take the FMLA.

I also want to note that a resume gap isn’t necessarily bad. It depends on the job market in your area. I live in the SF Bay Area and it is extremely common for people to quit jobs without having something else lined up and then take a few months off before going back to work. I’ve done this a few times and know many others who have as well. I’ve never been asked about it in an interview and everyone I know ended up with better jobs. I’ve worked with a career counselor here a few times too and last time I asked about this she said it’s just not an issue in this market anymore because it’s so common. So the culture around that in your area is worth looking into if you want to do that.

SavinMaven

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Re: FMLA for new baby
« Reply #17 on: July 17, 2021, 06:44:17 AM »
Our annual spending is...I don't know.

This is a problem.

You say you can afford to take unpaid leave, and maybe you can. But if you don't know what you're spending, you don't know what you can afford, or for how long. I get life's been chaotic, but you've got to get back in the saddle with this one.

Quote
I'm hesitant to just quit because we need insurance

This is also a problem. Health insurance is a must, there are ways, but keep this in mind as you decide what to do next.

I've used FMLA twice. The first time, for our second baby, and was the first woman at my employer to take an FMLA maternity leave (in 2009!). My male colleagues grumbled about my upcoming 'vacation' and assigned me more work to make up for it before I went out, and then grumbled and assigned me more work to make up for my 'vacation' after I got back. And I work in an industry where you do not fuss about that sort of thing because you will be blackballed for life, so, I bucked up and got through it. The second time I took FMLA for my own surgery, and my direct boss asked some pointed questions about when the medical problem developed (you have to work for an employer for 12 months before you are eligible for FMLA) and I played dumb. Other than that it was fine.

I agree you should take FMLA. Plan on working at least 30 days after returning to avoid paying it back. Figure out the insurance and the budget, and best wishes with the new little one.

Steeze

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Re: FMLA for new baby
« Reply #18 on: July 17, 2021, 08:40:53 AM »
I get 12 weeks PFL (concurrent with PFLA) as part of NYS law. I get about 50% of my paycheck covered by the state insurance fund.

Congrats on the new baby - seems like the lockdowns were productive for both of us!
« Last Edit: December 01, 2021, 06:52:54 AM by Steeze »

Bateaux

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Re: FMLA for new baby
« Reply #19 on: July 17, 2021, 09:23:07 AM »
I ran into a FMLA situation a few years ago.  Our son needed surgery and I wanted to take time off without pay.  My employer forced me to take all vacation prior to taking FMLA.  They also informed me that I would be responsible for my own health care premiums during FMLA time off.  I work for a large corporation, and they don't look favorable on those using FMLA.   It's the American way.

Duke03

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Re: FMLA for new baby
« Reply #20 on: July 17, 2021, 12:26:57 PM »
I ran into a FMLA situation a few years ago.  Our son needed surgery and I wanted to take time off without pay.  My employer forced me to take all vacation prior to taking FMLA.  They also informed me that I would be responsible for my own health care premiums during FMLA time off.  I work for a large corporation, and they don't look favorable on those using FMLA.   It's the American way.

What they did was illegal. I work for a large corporation and they used to do the same thing.  If someone took FMLA they would take one vacation day away and pay them for each day of FMLA they used. This went on for years until finally someone had the balls to stand up to them, turn them in to the government and sue them.  It went to court and the company lost.  Part of the settlement was the company had to go back and pay each employee their vacation again for stealing it.  I got 3 weeks repaid to me, but some folks got as much as 60 weeks repaid that had used FMLA over several years. 

boarder42

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Re: FMLA for new baby
« Reply #21 on: July 17, 2021, 12:41:41 PM »
I just started FMLA for the last 12 weeks of the first year of our latest addition.  It's been amazing. You have up to 1 year to take it so if selectively choose when you take it based on what you enjoy and want to do.  I took the summer off because we live on a lake and it lets us enjoy more water sports.

You're completely protected legally and your hr should be aware of and have processes for taking it.

boarder42

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Re: FMLA for new baby
« Reply #22 on: July 17, 2021, 12:43:25 PM »
I ran into a FMLA situation a few years ago.  Our son needed surgery and I wanted to take time off without pay.  My employer forced me to take all vacation prior to taking FMLA.  They also informed me that I would be responsible for my own health care premiums during FMLA time off.  I work for a large corporation, and they don't look favorable on those using FMLA.   It's the American way.

What they did was illegal. I work for a large corporation and they used to do the same thing.  If someone took FMLA they would take one vacation day away and pay them for each day of FMLA they used. This went on for years until finally someone had the balls to stand up to them, turn them in to the government and sue them.  It went to court and the company lost.  Part of the settlement was the company had to go back and pay each employee their vacation again for stealing it.  I got 3 weeks repaid to me, but some folks got as much as 60 weeks repaid that had used FMLA over several years.

FMLA is not paid leave. The only federal law is they have to leave you with up to 40 hours of pto if you would like to keep it.

Duke03

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Re: FMLA for new baby
« Reply #23 on: July 17, 2021, 03:00:36 PM »
I ran into a FMLA situation a few years ago.  Our son needed surgery and I wanted to take time off without pay.  My employer forced me to take all vacation prior to taking FMLA.  They also informed me that I would be responsible for my own health care premiums during FMLA time off.  I work for a large corporation, and they don't look favorable on those using FMLA.   It's the American way.

What they did was illegal. I work for a large corporation and they used to do the same thing.  If someone took FMLA they would take one vacation day away and pay them for each day of FMLA they used. This went on for years until finally someone had the balls to stand up to them, turn them in to the government and sue them.  It went to court and the company lost.  Part of the settlement was the company had to go back and pay each employee their vacation again for stealing it.  I got 3 weeks repaid to me, but some folks got as much as 60 weeks repaid that had used FMLA over several years.

FMLA is not paid leave. The only federal law is they have to leave you with up to 40 hours of pto if you would like to keep it.

Correct the problem is to many companies tell workers that they have to use all their vacation before they can take FMLA or like mine did they would let you take FMLA, but would cash in your vacation and pay you anyways leaving you with zero time to enjoy for a vacation or anything like that.  FMLA was designed as unpaid leave so an employer can't force you to use paid leave instead of unpaid leave when it comes to FMLA.  That's why my employer lost the lawsuit and had to go back and double pay all the vacation they forced people to cash in over the years.

boarder42

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Re: FMLA for new baby
« Reply #24 on: July 17, 2021, 07:28:54 PM »
I ran into a FMLA situation a few years ago.  Our son needed surgery and I wanted to take time off without pay.  My employer forced me to take all vacation prior to taking FMLA.  They also informed me that I would be responsible for my own health care premiums during FMLA time off.  I work for a large corporation, and they don't look favorable on those using FMLA.   It's the American way.

What they did was illegal. I work for a large corporation and they used to do the same thing.  If someone took FMLA they would take one vacation day away and pay them for each day of FMLA they used. This went on for years until finally someone had the balls to stand up to them, turn them in to the government and sue them.  It went to court and the company lost.  Part of the settlement was the company had to go back and pay each employee their vacation again for stealing it.  I got 3 weeks repaid to me, but some folks got as much as 60 weeks repaid that had used FMLA over several years.

FMLA is not paid leave. The only federal law is they have to leave you with up to 40 hours of pto if you would like to keep it.

Correct the problem is to many companies tell workers that they have to use all their vacation before they can take FMLA or like mine did they would let you take FMLA, but would cash in your vacation and pay you anyways leaving you with zero time to enjoy for a vacation or anything like that.  FMLA was designed as unpaid leave so an employer can't force you to use paid leave instead of unpaid leave when it comes to FMLA.  That's why my employer lost the lawsuit and had to go back and double pay all the vacation they forced people to cash in over the years.

You have a source for this?  Bc if like my 4 weeks of pto back I burned so I could take more time off before I retire

frugalnacho

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Re: FMLA for new baby
« Reply #25 on: July 17, 2021, 07:37:19 PM »
Our annual spending is...I don't know.

This is a problem.

You say you can afford to take unpaid leave, and maybe you can. But if you don't know what you're spending, you don't know what you can afford, or for how long. I get life's been chaotic, but you've got to get back in the saddle with this one.

Quote
I'm hesitant to just quit because we need insurance

This is also a problem. Health insurance is a must, there are ways, but keep this in mind as you decide what to do next.

I've used FMLA twice. The first time, for our second baby, and was the first woman at my employer to take an FMLA maternity leave (in 2009!). My male colleagues grumbled about my upcoming 'vacation' and assigned me more work to make up for it before I went out, and then grumbled and assigned me more work to make up for my 'vacation' after I got back. And I work in an industry where you do not fuss about that sort of thing because you will be blackballed for life, so, I bucked up and got through it. The second time I took FMLA for my own surgery, and my direct boss asked some pointed questions about when the medical problem developed (you have to work for an employer for 12 months before you are eligible for FMLA) and I played dumb. Other than that it was fine.

I agree you should take FMLA. Plan on working at least 30 days after returning to avoid paying it back. Figure out the insurance and the budget, and best wishes with the new little one.

I mean I don't know precisely how much we spend, only approximately.  And expenses have not settled down into a predictable pattern, with raising a 3 year old, a pandemic, and other major life changes.  And a new baby in just a few months.  We have over $800k saved up.  I know it's not 25X our expenses, but it's probably around 20x-ish so we could be fine for awhile.

But health insurance throws a wrench into that as well.  I haven't been close enough to FIRE to worry about getting market place insurance so I don't know what to expect exactly, but I know it's not factored into my budget yet and it seems prudent to keep insurance from an employer.

Zette

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Re: FMLA for new baby
« Reply #26 on: July 17, 2021, 11:07:43 PM »
One thing to consider -- I'm not sure if this is still the case, but when I had my first child there was a rule that you had to be with the company for 12 months before you were eligible for FMLA.  This might impact you if you find a new job before the baby arrives, you might not be able to take any FMLA time off.  Worth sequencing if you can -- baby, FMLA, 30 days back, the start a new job.

ender

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Re: FMLA for new baby
« Reply #27 on: July 18, 2021, 11:45:43 AM »
One thing to consider -- I'm not sure if this is still the case, but when I had my first child there was a rule that you had to be with the company for 12 months before you were eligible for FMLA.  This might impact you if you find a new job before the baby arrives, you might not be able to take any FMLA time off.  Worth sequencing if you can -- baby, FMLA, 30 days back, the start a new job.

12 months is the federal requirement for eligibility.

frugalnacho

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Re: FMLA for new baby
« Reply #28 on: August 26, 2021, 11:09:32 AM »
I emailed HR directly and CC my manager on my request to take FMLA.  No push back from them and got the request forms filled out.  Baby is growing slower than expected so dr has scheduled induction at 37 weeks, so Sept 12 we are going into the hospital and I'll be taking the following 3 weeks off.  I don't have to use my few remaining vacation days so I'm planning to use them around the holidays - I really didn't want to use FMLA during that period and lose out on a full weeks pay when I was only required to work 3 days.  I am planning to take another week of FMLA around halloween but haven't completed the forms yet.

This job also grants my full PTO on Jan 1, and they pay out if you leave your job for any reason.  So I just have to stick it out until Jan 1 and my 30 day time-back-at-work will be more than satisfied, and I'll get 3 full weeks paid vacation upon departure.  I haven't exactly planned that far ahead yet, but I know I don't want to stick around in this job so I have a few months to figure out a game plan.

clarkfan1979

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Re: FMLA for new baby
« Reply #29 on: August 27, 2021, 03:36:25 PM »
I emailed HR directly and CC my manager on my request to take FMLA.  No push back from them and got the request forms filled out.  Baby is growing slower than expected so dr has scheduled induction at 37 weeks, so Sept 12 we are going into the hospital and I'll be taking the following 3 weeks off.  I don't have to use my few remaining vacation days so I'm planning to use them around the holidays - I really didn't want to use FMLA during that period and lose out on a full weeks pay when I was only required to work 3 days.  I am planning to take another week of FMLA around halloween but haven't completed the forms yet.

This job also grants my full PTO on Jan 1, and they pay out if you leave your job for any reason.  So I just have to stick it out until Jan 1 and my 30 day time-back-at-work will be more than satisfied, and I'll get 3 full weeks paid vacation upon departure.  I haven't exactly planned that far ahead yet, but I know I don't want to stick around in this job so I have a few months to figure out a game plan.

FMLA really depends on the culture of the organization. For a large corporation, they can't block you from taking it. However, many of my friends found themselves without a job within 6 months of returning. It's not legal, but that is typically how it works.

One of my friends worked for an organization that actually allowed one year of FMLA because the organization "really valued it". He didn't take the full year, but I think he took 3 months. Within 3 months of returning to work he got fired because they found someone else to do his job cheaper when he was gone. He did get 9-month severence pay and got another job within one month, so it worked out. It's a bit ironic to get fired for taking 3 months of FMLA for a new born baby by a company that claims to value it so much that they actually give you one full year.
 


afox

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Re: FMLA for new baby
« Reply #30 on: August 27, 2021, 10:03:32 PM »
For the love of god, Take the god damn FMLA and write about your experience in the FU money stories thread...

 

Wow, a phone plan for fifteen bucks!