Aa
Aa
A
A
A
Close
Avatar universal

When can I start taking maternity leave from work?

I'm currently 36 weeks pregnant and am having a "normal" pregnancy so far, but this is my first baby and I'm working in a demanding, high-stress job at the moment.  I'm being reprimanded for every little thing, I'm not allowed to leave my desk and move around during the day if I'm uncomfortable (and I'm becoming increasingly uncomfortable).  My manager goes so far as to follow me in to the bathroom and lets me know when I'm done I need to get right back to work.  On top of it, I have so much I need to do to prepare for the baby and working FT, I have absolutely no time to get everything done.  

I was considering starting my leave at 38 weeks and inquired with HR, but they told me I had to work up until the baby is born.  If I want to leave earlier than the birth, I was told I need to have a note from my physician.  Is this how FMLA works?  I was under the impression I could opt to take leave at any time during my pregnancy, since I have 12 weeks of unpaid time off under a rolling 12 month period.  Does anyone know if I have to provide a doctor note to my employer excusing me from work for my pregnancy if I'm taking leave under FMLA?
14 Responses
Sort by: Helpful Oldest Newest
304970 tn?1331425994
Mami, comment stuff like that on my post!! =D I would love to discuss further, but I don't want to take over this post w/ something OT.. Altho, I will say, I think 1 year is a LONG time for companies to be responsible to hold your position for you AND pay you. Their taxes must be dam n near 50% and I would NOT be an advocate for that. And geez, talk about the temporary employees.. I would feel awful kicking someone out who'd been in essence "covering" for me for a WHOLE year!! That doesn't seem fair to me. And most people would want job security, so I imagine finding all these temp employees is an incredibly difficult task. After all, having a child(ren) is a personal choice, not an employers choice/responsibility either..
Helpful - 0
145992 tn?1341345074
I think a year is a beautiful thing.  I would've loved to have a year off with my son, paid.  US is ridiculous to think that you will be ready to return to work when your baby is not even a couple weeks old.  I work with a lot of companies that are in Canada and they just have a replacement person take over while that person is out and when they come back they go right back into their position.  
Helpful - 0
304970 tn?1331425994
I agree that US maternity leave definitely needs to tweaked, but an entire paid year off seems crazy to me. How do companies keep their businesses running if they constantly have people gone for a year that they cannot permanently replace bc your job is saved for you while you take a year off?
Helpful - 0
304970 tn?1331425994
U.S. maternity leave is 12 weeks and unpaid, The only money you can get is the vacation time and sick leave one may have earned prior to the leave.
Helpful - 0
561393 tn?1320962815
I am from Canada and our Mat leave is completly different. I got sick leave at 12 weeks pregnant with my daughter and then when she was born I got 52 weeks of Mat leave. Here we must work 600 hours to get the 52 weeks (that why I have to go back in Aug so I can get off in Dec for my other child). I'm going to guess that you are from the states and I think thats nuts that you guys only get that little time off. And here we get paid what we normally would be getting paid working (or a close amount). I really feel sorry for all you girls that have to return to work so quickly, and no being able to be there every moment of everyday for the first year of your childs life...:(
Helpful - 0
689528 tn?1364135841
Your boss following you to the washroom is very wrong. I would look into the labour board and complain about that...that is definitely not right and shouldn't go overlooked. I'm not sure what type of job you have but everyone is entitled to respect and the right to go to the washroom or move around if need be. That's just crazy.
Helpful - 0
304970 tn?1331425994
You must not live in the US.. That is NOT how maternity leave works here at all.

Jeneous, As far as I can remember, you may take your FMLA leave (with 30 days advanced notice, barring any emergencies) anytime you'd like. You get only 12 consecutive unpaid weeks, so I am not understanding why your company is advising you otherwise, or trying to limit your choice of your 12 weeks? Someone mentioned your employee handbook. I would definitely read up on their maternity leaves rules and expectations. IF you don't want to cause waves at work, just ask your Dr. for a note and explain what you are dealing with at work. I am sure your Dr. would give you one. =)  I started my leave at 38 weeks.. Good luck.
Helpful - 0
Avatar universal
you will just need a note from your doctor, they cannot force you to work. do you qualify for short term disability?? Your doc would chose a date for you to leave on the form for your employer. This does not take away from any FMLA benefits. My doc takes women out a month early, and then my 26 weeks (FMLA max in my state) starts when she is born.
Helpful - 0
Avatar universal
It definitely depends on where you live. I only get 6 weeks leave for vaginal birth and 8 weeks leave for c-section unpaid. I can use sick time during my leave. I have 40 days of sick leave built up, so I am going to have to plan to work until I have the baby as I cannot afford to go without pay. You can, from what I understand, stop working before you have the baby under FMLA as long as it is included in your 12 weeks.
Helpful - 0
1351369 tn?1294831629
it all sounds crazy.here you get 3 months martenity leave which you can take when you want.
boss following you to the toilet!!gosh!
Helpful - 0
1303813 tn?1303159362
You can take maternity leave15 weekks before the baby is due, AND you are entitled to a year maternity Leave 52 weeks.
You can work up untill your due date, whatever you are comfortable with but you cant take maternity leave before 15 weeks before the baby is due.

x
Helpful - 0
1000766 tn?1296746001
You do not have to work until you're due. When I originally made plans, I decided to stop working at 39 weeks. This is provided for under FMLA. My little one decided to come the Friday before my leave started so my leave was adjusted. I wanted to spend as much time with my baby as possible so I wanted to start leave closer to my due date but you don't have to wait that long. As long as you provide 30 days' notice you can take your leave whenever you want during pregnancy. You only need a doctor's note if you need to extend the leave beyond 12 weeks.
Helpful - 0
1194973 tn?1385503904
Pulled off the the FMLA website is this.

Employees can use FMLA for pregnancy any time they wish during the duration of the pregnancy and for one year after the birth or adoption of the child.

The FMLA requires employees to request leave at least 30 days before taking it.

Keep in mind that employees are in a better position to negotiate if they plan in advance.

Helpful - 0
1350830 tn?1296868351
Im not sure about the FMLA, but does your company have an employee handbook? They should have it spelled out in there what the policy is. However with that said, your boss following you into the bathroom and limiting how many times you go is a violation of your personal rights. No one can tell you when you can go to the bathroom. I would look into the laws in your state, but I think that is not ok. Good luck. Sorry your company is being that way.
Helpful - 0
Have an Answer?

You are reading content posted in the Pregnancy Community

Top Pregnancy Answerers
13167 tn?1327194124
Austin, TX
Learn About Top Answerers
Didn't find the answer you were looking for?
Ask a question
Popular Resources
Get information and tips on how to help you choose the right place to deliver your baby.
Get the facts on how twins and multiples are formed and your chance of carrying more than one baby at a time.
Learn about the risks and benefits of circumcision.
What to expect during the first hours after delivery.
Learn about early screening and test options for your pregnancy.
Learn about testing and treatment for GBS bacterium.