Personal leave of absence?

remotefuse · Jul 18, 2017

I was really hoping to spend at least 3 months home with baby before returning to work. Financially, we could afford me taking an unpaid leave for 3 months. I am just concerned about losing my position

Trauma Columnist · Jul 18, 2017

Do you qualify for FMLA?

What is a personal leave of absence per your employer's handbook?

BSNbeauty, BSN, RN · Jul 18, 2017

Fmla!

llg, PhD, RN · Jul 18, 2017

Whatever arrangements you make with your employer ... make sure it is all in writing. You'll want everything spelled out clearly should there be any questions later.

Orca, ADN, ASN, RN · Jul 18, 2017

You don't mention how long you have been with your employer. If you have been with them for a year or more, apply for FMLA (Family Medical Leave Act). This protects your job even if you run out of leave time.

If you have been with your employer for less than a year, you do not qualify for FMLA.

Get more information here.

CelticGoddess, BSN, RN · Jul 18, 2017

You don't mention how long you have been with your employer. If you have been with them for a year or more, apply for FMLA (Family Medical Leave Act). This protects your job even if you run out of leave time.
If you have been with your employer for less than a year, you do not qualify for FMLA.
Get more information here.

No, FML doesn't protect your job after you run out of leave. I ran out of medical leave, did not qualify for short term disability and as a result I had to resign from my job. Believe me, I tried everything I could to keep my position. I did have a co-worker who had short term disability and she was able to keep her job for 3 additional months, after which she too had to resign.

Editorial Team / Admin · Jul 18, 2017

You don't mention how long you have been with your employer. If you have been with them for a year or more, apply for FMLA (Family Medical Leave Act). This protects your job even if you run out of leave time.
If you have been with your employer for less than a year, you do not qualify for FMLA.
Get more information here.

Unless you are referring to the number of hours the employee has "banked", this is untrue. All FMLA does is state that the employee must have a job (not necessarily the job they had when they went on leave) when the employee returns within the 12 week period allowed:

Upon return from FMLA leave, an employee must be restored to his or her original job or to an equivalent job with equivalent pay

Have I hear of a personal leave being denied? Yes, a coworker once decided she wanted to attend a religious institute for a degree. Because the degree was not relevant to her work, the leave was denied. She elected to resign, attend the program, and then apply for an open position.

elkpark · Jul 18, 2017

You don't mention how long you have been with your employer. If you have been with them for a year or more, apply for FMLA (Family Medical Leave Act). This protects your job even if you run out of leave time.
If you have been with your employer for less than a year, you do not qualify for FMLA.
Get more information here.

I've never heard of FMLA protecting anyone's job beyond the 12 weeks (or 26 weeks, in the case of a servicemember) of unpaid leave permitted under the Act. It doesn't even protect your specific job; the law only requires that the employer offer you an "equivalent" job when you return to work, not necessarily the same job you had before.

Been there,done that, ASN, RN · Jul 18, 2017

This time off.. and how it is going to be paid, is going to be decided per hospital/HR policy. FMLA may or may not come into play.

Do you have short term and long term leave available to you?

KelRN215, BSN, RN · Jul 18, 2017

There seems to be some confusion re:FMLA. FMLA only grants 12 weeks of leave per year. OP has already been out of work for 5 weeks and has another 9 weeks before delivery, hence FMLA will be exhausted prior to giving birth. The law specifically states "time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave." Remember that in the United States of America there is no law outside of FMLA mandating maternity leave. And, no, FMLA does not protect one's job past the 12 weeks of guaranteed unpaid leave.

FMLA (Family & Medical Leave) | United States Department of Labor

Here.I.Stand, BSN, RN · Jul 19, 2017

I was pregnant with my youngest when I started my current job, so didn't qualify for FMLA. Before accepting my job, I told my manager that I wanted to negotiate a 12 week leave although I was not legally entitled. She agreed; so my leave ended up being 6 weeks of short term disability + 6 weeks of personal leave.

I would apply for it -- the worst they can say is no. If that happens, you'll have to decide what is more important: keeping your current job, or having more leave time after you are medically cleared to return.