Can someone educate me about FMLA, please?

[AngelfireRN]

Hi again, all. I have a question that I never thought I'd have to ask.

I am currently 8 months' gestation with my first child, and had a scary time last night. Contractions at work, dizziness, 2+ pitting edema to my legs, headache, etc. I received 3 doses of terbutaline in hospital, but I am still having intermittent ctx. The doctor took me off work for a week and told me to cut my hours. She's worried about pre-eclampsia.

Work has been great about this, the boss that originally gave me such a hard time has done a complete one-eighty. They've adjusted my schedule to 2 days a week, 3 if I feel froggy, and after last night, everyone's going to be watching me like a hawk.

My question, can I and how do I file FMLA if I am unable to do even 2 days per week? Is there a form that I have to get from work? Does my OB fill it out? How long will it allow you to be off? I'd ask there, but they're nervous enough about my water breaking in the middle of a shift without me adding to it right now. I feel just terrible about leaving them in the lurch, but I've had my meltdown (all over DH's new shirt) and have come to the realization that I'm going to have to relax more if I don't want a 32-weeker to fret over.

Thanks in advance, and sorry if it's a dumb question. I've just never had to deal with it before and have no clue how to proceed.

[Jolie, BSN]

As a former nurse manager and now an employer in a different field, may I offer some suggestions regarding FMLA, especially as it applies to pregnancy, where the need for leave is known well in advance?

1. Please check with your HR department as far in advance as possible regarding your institution's policy. Federal law requires the equivalent of 12 weeks unpaid leave per calendar year for eligible employees. This is the minimum requirement. Believe it or not, there are employers who offer more generous FMLA time than federal law requires. Some offer FMLA to all employees, regardless of their seniority or number of hours worked. Some offer more than 12 weeks to qualified individuals. So to simply assume that you must have been employed for a minimum of 1 year and accred more than 1000 hours to qualify may not be accurate.

2. Leaves that CAN be planned in advance MUST be planned in advance. While preterm labor is not predictible, a pregnancy with a due date is. Please don't wait until the last minute to obtain forms from HR. Have them filled out by your provider well IN ADVANCE of your expected last day of work. Your employer may contest a portion of your leave if you do not make a good faith effort to plan in advance, when possible.

3. Familiarize yourself with the law and your employer's policy. Do you know that you are REQUIRED to notify your employer 2 weeks in advance of your intent to return to work? This is only fair, so that your employer can adjust staffing accordingly. But few employees are aware of this requirement. If you fail to notify in a timely manner, you may be delayed in returning to work, and your wages may suffer.

4. Know your financial obligations. Your employer must continue to offer you group benefits during your leave, but you are still responsible for your portion of the premium, even if you are not receiving a pay check. Failure to pay your portion of the benefit cost may result in your loss of benefits, something no one can afford during an illness or pregnancy leave. Also, if you choose not to return to work at the conclusion of your FMLA, you may be responsible for re-paying the employer's portion of your premiums. Not all employers bill for this, but they are legally allowed to do so. If you don't plan to return to work (this usually comes up after a maternity leave), you may want to consider whether it is worthwhile to carry your employer's insurance during your leave, especially if you are covered by a spouse's plan as well.

[JustBeachyNurse, LPN]

Since you likely won't qualify for FMLA as you stated this is a new job (minimum 1200hrs which is about 6+ months full time), what state do you live in? Several states consider pregnancy an eligible condition for temporary disability. I know VA does not as my sister had to use vacation/personal/sick time for her pregnancies. But NJ does consider pregnancy (whether high risk or normal) an eligible condition under temporary disability law. In NJ you can often qualify for 6weeks before your delivery due date and 6 weeks post delivery (or whatever time period is certified by your employer). In NJ you need to have been working for 6 months to a year before the onset of your leave but unlike FMLA it can be with any combination of employers not just one employer. Jolie has some awesome suggestions above. Either way give your empolyer as much notice as possible so that they may prepare

[OldnurseRN]

My experience with FMLA was a disaster. I was allowed the 12 weeks but when the doctor kept me off TWELVE days longer I lost my job. No amount of asking, reasoning, BEGGING budged my hospital! I was done! I personally believe it was an act of age discrimination but of course that can't be proved.

[Oedgar]

Yes, HR should definitely be able to help you start the process.

As for worrying if the HR person will flip... that is their problem. I was in your shoes too. Working in a small doc's office, running my legs off and did the work of 2 nurses by myself for much of those last couple of months because my coworker was prone to having the blah's... uh.. I mean.. headaches. One Sunday evening, at about 32 weeks, I ended up in L &D with ctx every 5 minutes, 80%effaced and 1 cm dilated. A short while later I was in an ambulance headed to a facility with a NICU. I was so worried about how my absence would affect the office... until I spent a few days on a Mag Sulfate drip and terbutaline. Nine horrible days later my son was born and spent 16 days in the Level II nursery.

My point is... listen to your body. It is telling you to slow down. Work will have to figure itself out.