guess I'll have to work 45-55 hour weeks til the babies get here

[Brown Eyed Gurl]

ok so I check with my HR about their policy on me taking time off because my body is so ready to quit......well my OB said whatever I wanted they would write me a note.......soooo I first wanted to check with HR to see what they could help with......well they said I could go on temp disability and the insurance would pay 60% of my wages and the company would pick up the other 40%......ok so that sounds good but the catch is the time I'm on disability still is counting off my 12 weeks FMLA and I have no maternity leave just my FMLA so if I don't have my babies say til 37+ weeks that mean I only have 1-2 weeks left off after my babies are here.......so I asked about just less hours and they said well that would be ok but if my boss wants he can fire me b/c if he can't accomidate me on part time then he will have to hire someone else and they really don't think he'll be able to accomidate me....soooo this mean I'm stuck working 45-55 hours a week til my babies get here........ahh I just want to rest.     I'm so tired.

[martikadragoon]

You know I agree with most of the posts, but I have to add.

My hr told me that legally I can get up to (either just 1 or 4 mo. pdl or pregnancy disability BEFORE he's born if the doctor says I get it and my job's protected as it's illegal for them to fire me for being pregnant or having pregnancy related problems. That's all as long as I have a legit Dr.'s note for it. And I can keep my full time job "Technically" even if it averages out to part time hours.

FMLA is technically meant for after baby is born. so before the baby is born it's considered disability leave. I think it's the same for MO as CA... but not sure, that's just what I"ve learned.

[sameerab]

thats the tricky part because i am an independent contractor im not on the company payroll everyone who works here is an independent contractor so im still confused

[spade22]

Here is a link which states the guidelines that must be met for a company to be REQUIRED to allow FMLA leave.  People that work part time, or who haven't been with the company for a long enough period of time, or who work for a company with less than 50 employees etc. can fall though the cracks so although the majority of people are protected, there are a few exceptions.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.110.htm

[sameerab]

thanks for the info I will be doing maternity leave whether they let me or not this my only child and my first i will take them to court if need be im glad im protected ive worked for them almost 3 years now

[Brown Eyed Gurl]

Thanks a normal week is 45 but it's seasonal during the winter I only work 40 my Dr did say I needed to cut back and as much as I feel necesarry... He told me set the amount and he'd write the letter....so my next appt is May 29th so I guess I'll just talk to him then....

[Mumita]

Spade- that is a great way to explain FMLA. Empowering Women!

[spade22]

Yes, this is what  act: " 825.203" of the FMLA rules allows (you can use your FMLA part time if necessary).  You may want to print out that page from the FLMA site to show to your HR rep. since it appears that are not aware of this "rule" (or are trying to get around it).  Two things that you need to think about though:

a) it needs to be "medically necessary" for you to take the intermittent, part time, leave.  So you will need to make completely sure that your doctor will fill in the paperwork as such (this doesnt sound like it will be a problem) and is not just "recommending" you take it easy.

b) You say you typically work 45-55 hours/week - is there a MINIMUM requirement for the hours you  have to work (45?).    Many places of work consider a 40h work week full time but Im not sure what federal guidelines are regarding this.  So, depending on your specific contract and these guidelines you may find that this is defined for you. For example, "if" federal guideline states that 40h/week is "full time" then for you to work "reduced schedule" and use FMLA you may have to work less than 40h/week to be eligible.  On the other hand, if it is defined by the hours you "typically" work and your company decides that number is 55 h/week, if you work 48 h/week that would be considered "reduced hours" (and thats still a heck of a lot of hours!).  I really dont know the answer to this but its something to keep in mind because depending on what the threshold is you may still end up working more hours or less hours than what you would like.  I would NOT talk to your HR about this, but prehaps get in touch with the US department of labor for answers on this.

There number is:  1-866-4-USA-DOL

[Brown Eyed Gurl]

Thanks so much for posting this info....so if I read what you wrote correctly I can work part time and used FMLA part time so I don't use up my FMLA before my babies are born right?   So they can't fire me for working part time as long as I use the other part of the time as my FMLA

[spade22]

Ok - I started writing this a few hours ago and have been side-tracked so forgive me if some of this has been covered since the time I first read this post.  But here goes:

Some of you are misunderstanding the FLMA law  I am also in Missouri and going though the EXACT same thing (except I dont have twins!) so will try and explain a little about this.

If you are required to work reduced hours OR take complete leave due to a medical problem you OR a "close" family member has, you are entitled to a TOTAL of 3 months FLMA leave in one rolling year (provided the company is subject to FMLA guidelines which included employing more than 50 people along with some other factors).  Your employer can NOT fire you for taking FMLA leave.  However, once you have used up your 3 months worth, they CAN fire you.  The problem brown-eyed-gurl has is  once she delivers she will likely need to take 6 weeks off (minimum) so if she starts full-time  FMLA leave now she will run out shortly after her babies are born and can be fired then - that sucks but 3 months is all the protection she has.  She is in no way being discriminated against if her company allows her to start taking her FMLA leave at this point. However, what is important to note here is she does NOT have to take FULL-TIME FMLA leave at this point..... she can in fact take PART-TIME FMLA leave.  See below:



"They said since I'm working a full time position and the fact I'm employeed at will that if I can't work a full time position they don't have to accomidate me...I called the labor force and they said in Missouri they can get away with that."

This is NOT true.  Under FMLA you CAN work "intermittently or on a reduced leave
schedule'' under certain circumstances (act: 825.203 (a) and (c) specifically pertain to this).  Based on your medical condition, you are COVERED under this.  Here is more information on this:

http://www.dol.gov/dol/allcfr/esa/Title_29/Part_825/29CFR825.203.htm


In other words, according to federal law, brown-eyed-gurl CAN work part time (reduced schedule) and use FMLA leave toward this - the company she works at can NOT deny her this OR force her to take full-time FMLA leave.  The tricky part is figuring out how much part time leave to take so that she has adequate (at least 6 weeks) time with her babies post-delivery so the 3 months FMLA is not exhausted before she goes back to work.

Due to gestational hypertension I know all about this.  My doctor has not allowed me to work more than 20h/week from week 31-delivery.  I am currently 35 weeks.  In my case, I had accrued about 15 days PTO (until June 26th, when I get 25 days more) which my company requires me to use for my reduced work schedule BUT I also HAVE to use the FMLA leave in conjunction with my PTO.  I was specifically told that because I am taking PTO due to a medical condition I HAVE to file the FMLA claim which is eating away at my FMLA leave so this leave definitely applies to situations where you have to work reduced schedule.   I plan to take 2 months off after Jazmine is born so will probably come pretty close to using up all my FMLA leave for this rolling year but my company is very understanding and will allow me to take non-paid leave if I need to after my FMLA is exhausted.

[Mumita]

Actually, even if you are an independant contractor you would be eligible for FMLA if you have worked for the company at least 1250 hours.  So legally you are eligible for 12 weeks of unpaid time of.  
As women I think we should get informed about our rights.
Go to www.EEOC.gov and www.dol.gov to find out about rules of FMLA and PDA

[sameerab]

that is absolutely crazy im facing the same situation but maybe a little worse because i am technically an independent contractor and my employer doesnt have to give me fmla at all so when i have my baby i might be in jeopardy of losing my job

[Mumita]

Ok, last one!!! Go to that website is part of the EEOC relating pregnancy
http://www.eeoc.gov/facts/fs-preg.html

[Mumita]

Yeah, they can at least put you on light duty restrictions like no lifting a certain ammount, no long periods of standing etc.  But they have to accomodate you.  The thing is that they have to accomodate you and can't discriminate against you.  You can always call the EEOC (Equal Employment Opportunity Commission) its a federal agency and they can advise you.
This stuff makes me mad.  

[Brown Eyed Gurl]

Thanks I won't.....I really can't afford to be unemployed

[michelle148]

It may take a few days but if in a few days you havent had a reply e-mail them again! Dont give up!

[Brown Eyed Gurl]

I just looked into the Missouri labor laws website and emailed them my problem just hope they get back with me soon....

[michelle148]

I think Mumita is right i think it is against the law for any company to fire you for time off during your pegnancy. I would look into looking it up the net as Mumita has suggested and even try going to Citizens Advice if you have one in your area and ask them if your company can really do this to you. I know if i am struggling in my job in the UK because im pregnant my company has to find me alternative work and if alternative work can not be found then they have to suspend me on full pay as it is against the law to put me and my baby at risk while i am pregnant and i am actually at the moment doing my Health and Safety work for my company and i know this is right and the law as it states it plus i phoned them and they confirmed this to me too and my company can do nothing about it as if they cant find me alternative work that isnt suitable for me when im pregnant then they have to suspend me on full pay until i notify them of when i want to take my maternity leave. Good luck and i hope everything works out for you!

[Mumita]

It just makes me mad to hear about stuff like this.  If you can't go Part Time then ask for Light Duty Restrictions as recomended by your Dr.

[Mumita]

www.eeoc.gov Equal Employment Oportunity Commission

[Brown Eyed Gurl]

Thanks I'll read about that....

[Brown Eyed Gurl]

not to much manual labor I'm mostly just office job but the point is I'm around alot of heavy diesel fumes and I have a very uncomfortable chair it's a half back one that raises high and they can't get a better one so at the end of the day I'm so wore out it's not funny and they want me to help my coworker do filing and the drawers are really high so there's no sitting there......and I was told by my ob no standing for long periods of time....so guess I'll work til I can't work no more then I'll take my vacation and use up my diability and then I guess I'm on my own.

[Mumita]

No they can't because federal law trumps state laws.  Look up Pregnancy Discrimination Act and Family Medical Leave Act.
www.dol.gov
http://www.laborlawtalk.com/archive/index.php/f-34.html

They can't discriminate against you because of pregnancy they can be sued BIG TIME

[kirby26]

wow that has got to be hard work!! Are you actually doing the manual labor??

[Brown Eyed Gurl]

They said since I'm working a full time position and the fact I'm employeed at will that if I can't work a full time position they don't have to accomidate me...I called the labor force and they said in Missouri they can get away with that.