Personal leave of absence?

Nurses General Nursing

Published

So I've currently been out of work due to a pregnancy complication for 5 weeks. I didn't realize, but this time off being used is the time off that I would get to spend with baby as my maternity leave. I still have another 9 weeks before I should deliver, but having already used my time off I would have to come to work the following week. My employer suggested I apply for a personal leave of absence.

So my questions for you all,

have you had to apply for a personal leave of absence?

what is the maximum time your employer let you off?

did anyone give you a hard time about taking the time off?

have you heard of a request for personal time off being rejected?

Specializes in Pediatric Critical Care.
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

This is accurate. FMLA will not help you, because you will have already used it. You could try applying for short-term disability, but usually they will say you have to exhaust your FMLA first...and after that, once the baby is born, I'm not sure that you will still qualify for the short-term disability time. It doesn't hurt to apply though. The other option would be to request a personal leave of absence, which is 100% up to your employer whether or not they will grant it. Also definitely worth a shot.

Up Vote Up Vote ×

And this is why we need better maternity leave policies in the US.

An acquaintance of mine also had complications and was basically on bedrest for the last 3 months. She used all her fml before delivery. She went back to work as soon as she was medically cleared... six weeks. Her circumstances after delivery were a bit different because baby was placed for adoption, so she did not request additional leave (that I'm aware of, at least). But she kept her job.

Up Vote Up Vote ×
Specializes in DHSc, PA-C.

You should discuss with your HR and see what they suggest. Some companies are sincere and honest (some...) and will allow you to use your PTO now and then once that is run out start FMLA. Then you won't need to count FMLA and PTO at the same time. This would get you additional time off. You may need to consider shortening your maternity leave.

Up Vote Up Vote ×
Specializes in ICU; Telephone Triage Nurse.

I applied for FLMA - twice. Not sure if the amount of time has changed since, but in 2002, then 2004 it was 12 weeks. It was unpaid (I had long since burned out my PTO and ELB), but I had no choice.

Good luck! I hope you get to spend every minute with your new baby you plan to after delivery. 💞

Up Vote Up Vote ×

Apply for FMLA or let them know you won't be coming back. I've been bashed about my opinion on this matter on this board in the past...however, I seriously recommend taking off as much time as you want to to care and bring up your child.

Up Vote Up Vote ×
Specializes in Psychiatry, Community, Nurse Manager, hospice.
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.

FMLA does protect your job. You need to apply for it and there are limits, but you cannot be fired for taking leave under FMLA, and your employer is legally obligated to keep your position open.

Up Vote Up Vote ×
Specializes in OR, Nursing Professional Development.
FMLA does protect your job. You need to apply for it and there are limits, but you cannot be fired for taking leave under FMLA, and your employer is legally obligated to keep your position open.

No, they are not legally required to keep your position open. They are legally required to have you return to your old position OR one that is equal.

Up Vote Up Vote ×
FMLA does protect your job. You need to apply for it and there are limits, but you cannot be fired for taking leave under FMLA, and your employer is legally obligated to keep your position open.

CelticGoddess was responding to an earlier poster who had said that FMLA protects your job even after you've run out of leave time (which is not true). And the employer is not required to "keep your position open," just to provide you with an equivalent position (not necessarily your previous job) when you return to work.

Up Vote Up Vote ×
Specializes in Palliative, Onc, Med-Surg, Home Hospice.
FMLA does protect your job. You need to apply for it and there are limits, but you cannot be fired for taking leave under FMLA, and your employer is legally obligated to keep your position open.

It only protects for 12 weeks. I know this because I had to use it for my severe asthma. I did apply or it, I was approved and I ran out. It does NOT protect your job after 12 weeks and they don't have to give you the same job, only one equivalent. Did you not notice I said "after you run out of leave".

Up Vote Up Vote ×
Specializes in CCU, SICU, CVSICU, Precepting & Teaching.
So I've currently been out of work due to a pregnancy complication for 5 weeks. I didn't realize, but this time off being used is the time off that I would get to spend with baby as my maternity leave. I still have another 9 weeks before I should deliver, but having already used my time off I would have to come to work the following week. My employer suggested I apply for a personal leave of absence.

So my questions for you all,

have you had to apply for a personal leave of absence?

what is the maximum time your employer let you off?

did anyone give you a hard time about taking the time off?

have you heard of a request for personal time off being rejected?

If the employer is suggesting that you apply for a personal LOA, it seems that they're willing to work with you.

Different facilities have different policies about personal leave. I've worked at two different places that allowed 364 days of personal leave. I know one woman took the 364 days to move with her husband when he was transferred to California. She decided she didn't like California and returned on the 364th day and resumed her job. They had a long distance marriage until he figured out a way to return. Another person took the personal leave to care for her sick mother, having exhausted her FMLA.

I took personal leave when my father died and I had to take care of my mother who had Alzheimer's until I could find an appropriate living situation for her. (A personal shout-out to all of the wonderful nurses who work in memory care and assisted living -- I don't know what I would have done without you!). I had already exhausted my FMLA with my own back injury and subsequent surgery. My boss didn't HAVE to work with me, but she did. The only person who ever gave me a hard time about taking off was, ironically, my orientee who said she felt like I had abandoned her and "thrown her to the wolves." She resigned while I was gone -- and ICU probably was not the best place for her.

Yes, I've heard of requests for personal time off being rejected. Depending upon the policies of your particular facility, they do not HAVE to grant you personal time off. They are entitled to know the reason for the request and to decide whether they want to grant the leave for that reason. Whether or not the request is granted depends a lot on your reason for requesting it, your relationship with your manager and whether you're a valued and valuable team member or someone who calls off frequently, is late often and whose work is sloppy. I saw one new employee who set her wedding date and put a deposit on a venue during one of the summer vacation months without speaking to the manager or inquiring about unit vacation policies or availability of time get her subsequent request for personal leave denied. She then went on to say that if she didn't get the time off, she'd quit. My (consistently fair and evenhanded) manager replied that she was happy to take her resignation effective immediately. No one thought that was an unfair result. On the other hand, another colleague who was a valued and valuable team member was granted his request for personal leave on 48 hours notice when he found out an ex-girlfriend was delivering his child on the opposite coast. The difference, I think, is that while the first person's problem was foreseeable, the second person's problem would have been foreseeable only if had known she was pregnant. And the second person was an experienced nurse and a good employee; the first was not.

All you can do is ask, and your employer has encouraged you to do so.

Up Vote Up Vote ×
Specializes in Pedi.
FMLA does protect your job. You need to apply for it and there are limits, but you cannot be fired for taking leave under FMLA, and your employer is legally obligated to keep your position open.

It protects you for 12 weeks. OP has already been out of work for 5 weeks and has another 9 weeks before she delivers. Her FMLA will be exhausted prior to giving birth. FMLA will offer no further leave and no protection after the baby is born. As I pointed out in an earlier post, the law actually specifically addresses pregnancy complications and says that time off for complications of pregnancy count against the 12 weeks. Also there is no obligation to keep your position open but to give you an equal position upon your return.

Up Vote Up Vote ×
+ Add a Comment