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Question about FMLA and bedrest
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Question about FMLA and bedrest

Hey ladies!  I am 28 weeks pregnant with my 2nd baby I have a quick question. Are any of you on bedrest who have full time jobs? I am affraid I am going to have to go on bed rest early due to blood pressure issues, but I still want to take off 10 weeks after by daughter is born. Since we only get 12 weeks of FMLA, can they technically fire me, if I take longer then 12 weeks including my bedrest before the baby is born? Just wondering how this works. I really want to have the time after my baby is born.  I went back at 8 weeks after my DD and I think that was to early.

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210400_tn?1325384170
I would look up the state law it can vary with each state. My cousin had her son 12 weeks early and wanted to return to work well he was in the NICU so that she could take time off while he was home, they wouldn't let her.
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142722_tn?1281537216
I don't think they have to hold your job if are off longer then 12weeks.  It sucks not to have time off.  I went back to work when my son was 7w old but was able to bring him to work two days a week till he was 16w old.
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Avatar_f_tn
I qualified for disability coverage while on bedrest for 8 weeks for full pay, am on maternity leave now (8 weeks but babies are in the NICU) for full pay, will ask for donated sick leave time after maternity leave to extend my full pay, and will take the 12 weeks off for FMLA when maternity is over to spend time with the babies when they get home (if I understood correctly, the FMLA is unpaid or paid minus a certain amount for me).

I am a teacher in So.Cal. if that helps.
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179647_tn?1205354236
Thanks!  The way the explained it to me is that my disability is actually FMLA, so it is all included.  I hopes it's not because I do have disablity through work that is paid at 60%.  Good news is that my blood pressure was 128/70 today so that is good!!
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Avatar_f_tn
I was told that FMLA was different from disability. FMLA only gives you 12 weeks of unpaid leave with the guarantee of a position when you come back. I got my disability(maternity leave) info from my boss, and called the insurance company myself. They told me that i can leave up to 20 weeks before my due date if I need to be on bedrest, and that i will continue getting paid 50% of my income while on bedrest, and then they will give me only 6 weeks of pay for a vaginal birth, and 8 weeks for a c-section from the day I actually deliver. heres a site I had read up on that gave some info:

http://www.wrightslaw.com/advoc/articles/fmla.protect.spolter.htm
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Avatar_f_tn
I meant to add that you should discuss things with your human resource dept. Try to find out as much as possible so you can get the full benefits. Im in NY, and the rules can be different from state to state. take care!
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175662_tn?1282217256
I had about 20 total weeks of bedrest, all paid by my STD at work.  Then I was off for 8 weeks with a c-section, which was also under STD.  Most companies pay STD and their HR policies (and that of the pregnancy law/disability law) states they have to treat it like a normal disability.  Just what I learned, not legal advice.
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175662_tn?1282217256
Oh and FMLA is just a law, with provisions (like working with a company a year/so many hours and having so many employees, etc).  Disability is totally different.
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Avatar_f_tn
If you don't mind me asking, do you work for a big company?  I'm also in Brooklyn, NY and I was wondering if I could get more than miserable 6 weeks off :(  I don't work on salary (I'm paid hourly) so I don't know if it matters.
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165078_tn?1255610007
unfortunatly I think that is all you are protected for is 12 weeks.  I took 14 weeks and I had saved enough time to be paid for 8 of those weeks so I thought I would only have to use 6 weeks of FMLA and guess what.  No it all counts paid or not.  US is very bad in the area of maternity leave.

Hopefully you can consult with your employer like I did and have an agreement made.  They allowed me to take the extra two weeks.  I needed them because my babysitter was on vacatoin when I would have had to return.

Now if you have Short Term Disability that may cover you first due to bedrest and then FMLA may kick in for your leave.  I am not sure but good luck.  It is very unfair for mommies in the US.  
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220217_tn?1209683277
I work for the city government and they are already fighting me on this.  They say I get my 12 weeks FMLA and that's it.  That will count for bedrest and after the birth.  Not seeing it happen that I will be back in 12 weeks so basically they are saying I won't have a job.  I still need to check on Long Term Disability which is paid to me at 60% of my pay.  

Texas is very bad when it comes to pregnancy.  Good luck.
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Avatar_f_tn
FMLA gives you 12 weeks, if your employer employs so many people etc.  FMLA is considered maternity leave, so if you take 12 weeks maternity, it's covered under the FMLA, I doubt htey will give you another 12 weeks off under FMLA after maternity leave as it's the same thing.  Depends on the employer though.  I have a coworker due same time I was, she had bp issues and only worked 1 day every couple weeks after around 5 months.  They let her, and she took off 9 weeks after baby, beat me back, but I worked till the end.  My place of employment after my first baby told me to think about taking the first year off, they would hold my place for me.  I could not afford it, but some businesses are very accomodating.
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156876_tn?1218634948
FMLA only holds your position.  STD pays for your maternity leave.  I went on bedrest at 21 weeks.  My FMLA (unpaid) started at the time of bedrest and  was 12 weeks period.  STD (66% payment) runs concurrently and lasts for 26 weeks.  My FMLA ran out while I was still on bedrest and based on the business need, it was up to my employer to determine if they wanted to continue to hold my position open.  Luckily I came back to my job after 22 weeks off.  Your best resource will be HR.  You have to be with a company for so long and work so many hours and yadda, yadda, yadda.
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179647_tn?1205354236
Thanks for your comments.  I am checking with HR in my company.  I have worked here for 7 years and am a dedicated employee.  I would hope they would not fire me.  You just never know.  My company has gone through some tough times lately and were just bought out by a company from India.  You just never know what they will do while I am out.  I am the bread winner of my family because I make almost twice what my husband does.  It just puts more added stress on me, which is not good on the baby! :)
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