Can someone educate me about FMLA, please?

bagladyrn, RN · Feb 10, 2012

Do you have an HR person where you work? They should be experienced in dealing with the paperwork and regulations for FMLA.

More important - take care of your self and baby-to-be! Work will survive.

AngelfireRN, MSN, RN, APRN · Feb 10, 2012

I do...she's liable to flip on me, lol. I won't say anything until I can see it's going to be necessary. She doesn't need the ulcer. I'm having a really hard time not being able to take care of everything myself.

I am taking as much care as I can. I'm propped on the couch, with instructions not to lift anything heavier than my supper and my crochet. All will be well. Thanks for replying!

ckh23, BSN, RN · Feb 10, 2012

Talk with HR. There is paperwork that needs to be filled out. The sooner you start getting it filled out the better. No sense in waiting until the last second. If you plan on filing for disability, there is going to be sections that need to be filled out by your empolyer as well. Your HR person shouldn't flip out, it's part of their job. Take care of yourself and relax. There is no job worth jeopardizing your health or the health of your baby.

Here is a link for some more info on FMLA

http://www.dol.gov/whd/regs/compliance/whdfs28.pdf

dudette10, MSN, RN · Feb 10, 2012

Isn't this a new job? If so, you don't qualify for FMLA anyway. You need to be there at least 12 months to qualify. There is also an exemption for small employers.

AngelfireRN, MSN, RN, APRN · Feb 10, 2012

Thank you! No, no plans for disability. I should be back to my ornery self after I deliver. Just trying to stave it off as long as I can. If things are not improved over the weekend, I'll tell her to get started. If she flips, well, here's hoping she sticks the landing.

Thank you for the link. Back to timing these stinkers. Appreciate y'all.

AngelfireRN, MSN, RN, APRN · Feb 10, 2012

Isn't this a new job? If so, you don't qualify for FMLA anyway. You need to be there at least 12 months to qualify. There is also an exemption for small employers.

See? That I did not know. Thank you very much. OK, so now I just make arrangements for my vacation, if need be. Good info to know! Thank you!

Esme12, ASN, BSN, RN · Feb 10, 2012

I hope you are feeling better.....you need to take care of your baby first:hug:.

Compliance Assistance By Law - The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. It also requires that employee's group health benefits be maintained during the leave. The FMLA is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.

To qualify for the FMLA mandate, a worker must be employed by a business with 50 or more employees within a 75-mile radius of his or her worksite, or a public agency, including schools and state, local, and federal employers (the 50-employee threshold does not apply to public agency employees and local educational agencies). He or she must also have worked for that employer for at least 12 months (not necessarily consecutive) and 1,250 hours within the last 12 months.

The FMLA mandates unpaid, job-protected leave for up to 12 weeks a year:

to care for a new child, whether for the birth of a son or daughter, or for the adoption or placement of a child in foster care;
to care for a seriously ill family member (spouse, son, daughter, or parent);
to recover from a worker’s own serious illness;
to care for an injured service member in the family; or
to address qualifying exigencies arising out of a family member’s deployment.

The FMLA further requires employers to provide for eligible workers:

The same group health insurance benefits, including employer contributions to premiums, that would exist if the employee were not on leave.
Restoration to the same position upon return to work. If the same position is unavailable, the employer must provide the worker with a position that is substantially equal in pay, benefits, and responsibility.
Protection of employee benefits while on leave. An employee is entitled to reinstatement of all benefits to which the employee was entitled before going on leave.
Protection of the employee to not have their rights under the Act interfered with or denied by an employer.
Protection of the employee from retaliation by an employer for exercising rights under the Act.

[h=3]Non-eligible workers and types of leave[/h]The federal FMLA does not apply to:

workers in businesses with fewer than 50 employees (this threshold does not apply to public agency employers and local educational agencies);
part-time workers who have worked fewer than 1,250 hours within the 12 months preceding the leave and a paid vacation;
workers who need time off to care for seriously ill elderly relatives (other than parents) or pets;
workers who need time off to recover from short-term or common illness like a cold, or to care for a family member with a short-term illness; and
workers who need time off for routine medical care, such as check-ups

Several states have passed FMLA-type statutes to give parents unpaid leave to attend their child’s school or educational activities. Examples include: California,District of Columbia,Massachusetts,Minnesota, Rhode Island,Vermont. Some states have passed FMLA-type statutes to give workers unpaid leave to take family members to routine medical visits, including Massachusetts and Vermont.And states have passed FMLA-type statutes to give workers unpaid leave to address the effects of domestic violence, stalking, or sexual assault. Examples include Colorado, Florida, Hawaii, and Illinois.

Family and Medical Leave Act of 1993 - Wikipedia, the free encyclopedia

Epic_RN · Feb 10, 2012

I have nothing to add on the FMLA stuff, just {{{hugs}}} for you and your baby! Take care of yourself, went through this with my youngest, was stabilized, and then the bugger waited all the way until his due date to come out

Prayers for you and your family!

Esme12, ASN, BSN, RN · Feb 10, 2012

Thank you! No, no plans for disability. I should be back to my ornery self after I deliver. Just trying to stave it off as long as I can. If things are not improved over the weekend, I'll tell her to get started. If she flips, well, here's hoping she sticks the landing.
Thank you for the link. Back to timing these stinkers. Appreciate y'all.

The sooner you start the better......disability is not being able to work now. You are going to need the FLMA (if you qualify) so I'd start now.. Best wishes for a safe delivery and healthy baby!!xo

stillpinay · Feb 10, 2012

Contact HR or Employee Health Service. They should have forms for your physician to complete, indicating your condition, your limitations, and how long you need off from work.

Take care.

Puddin2day · Feb 10, 2012

Go to The U.S. Department of Labor Home Page and type in FMLA.