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Bed rest counts as disability & takes away from FMLA?

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Lichi
what what!?

Member since 5/05

4206 total posts

Name:
Lissette

Bed rest counts as disability & takes away from FMLA?

Back in June, I was put on bed rest as a precaution for 2 weeks. Despite filling out disability forms at the time, I'm not sure if my company processed them as such. If they did, would it take away from my maternity leave/FMLA when I go out in late Sept/early Oct? Anyone know, or experience something like this?

Posted 8/13/08 10:01 AM
 
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MrsRbk
<3 <3 <3 <3

Member since 1/06

19197 total posts

Name:
Michelle

Re: Bed rest counts as disability & takes away from FMLA?

No, it shouldn't take away from your Maternity/FMLA leave

Posted 8/13/08 10:02 AM
 

Dragonfly75
I love Hypnobabies

Member since 3/06

2333 total posts

Name:

Re: Bed rest counts as disability & takes away from FMLA?

I know if you have to go out early -- say you go on bedrest at 36 weeks and have your baby at 40 weeks -- that month would count against FMLA. I think that's sooo stinky!!

Posted 8/13/08 10:15 AM
 

mcl916
my two loves

Member since 10/06

5133 total posts

Name:
Megan

Re: Bed rest counts as disability & takes away from FMLA?

Yes, the time you are off is deducted from FMLA. Your comapny may have other policies regarding this though so it may not matter (they may give you the time and save your position anyway).

Posted 8/13/08 10:29 AM
 

Xelindrya
Mommy's little YouTube Star!

Member since 8/05

14470 total posts

Name:
Veronica

Re: Bed rest counts as disability & takes away from FMLA?

for my company.. no

Its like if you accidently broke an leg while you're preggo...

its Short Term Disability

shouldn't count against you....

Posted 8/13/08 10:31 AM
 

NinaLemon
It's a boy!!!

Member since 10/07

6453 total posts

Name:
Jeannine

Re: Bed rest counts as disability & takes away from FMLA?

I think technically it would count against FMLA. You are given 12 weeks in a 12 month period, and the week do not have to be consecutive.

From the website:
Overview

Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.





I think this situation would fall under "to take medical leave when the employee is unable to work because of a serious health condition"

but I also think it is up to your company how they want to handle it. If you are concerned about losing your position if you take more than 12 weeks I would speak to HR or your manager.

Posted 8/13/08 10:38 AM
 

junebride06
love my boys!

Member since 2/08

3181 total posts

Name:
Robin

Re: Bed rest counts as disability & takes away from FMLA?

for me unfortunately they would count it against FMLA, I asked if I had to go out earlier for bed rest what happens, and they told me the clock starts ticking as soon as you go out Chat Icon

Posted 8/13/08 10:51 AM
 

leighdvm
My golden boys!

Member since 3/06

4419 total posts

Name:
Michele

Re: Bed rest counts as disability & takes away from FMLA?

I actually clarified this with HR in my company and I was told that if I had to be on bed rest, for say 3.5 months, I could only receive 2.5 months of FMLA, because no one can be away from the office more than 6 months....not sure if that's for everyone.....

Posted 8/13/08 11:00 AM
 

leighla
Support Cancer Research

Member since 5/05

16353 total posts

Name:
Lauren

Re: Bed rest counts as disability & takes away from FMLA?

It counts for us.

You only get 12 weeks FMLA in a rolling 12 months. You can't take more time than that no matter how many different health issues you have.

Disability it should not take away from - but it does count.

Posted 8/13/08 11:05 AM
 

MrsG41307
LIF Adult

Member since 11/07

936 total posts

Name:
Dyanne

Re: Bed rest counts as disability & takes away from FMLA?

I would double check with your H.R. Dept. to confirm if it does count towards your FMLA time...some company's may just over look that time..and give you the full 12 weeks...others won't...better to find out now..

Good Luck..

I did experience the same situation and after speaking with my H.R. Dept was told I was entitled to my 12 weeks...

Posted 8/13/08 11:23 AM
 

MrsS2005
Mom of 3

Member since 11/05

13118 total posts

Name:
B

Re: Bed rest counts as disability & takes away from FMLA?

Yes, bed rest counts as part of your 12 weeks of FMLA leave. Bed rest would be considered a serious health condition. You're entitled to 12 total weeks of unpaid leave during a 12 month period. It's up to your employer to designate the leave as FMLA leave.

Posted 8/13/08 3:37 PM
 

Lichi
what what!?

Member since 5/05

4206 total posts

Name:
Lissette

Re: Bed rest counts as disability & takes away from FMLA?

I've tried to ask HR about this, to get a final confirmation from them, but they're horrible at responding.

Anyway, thanks for the information, ladies. I think it makes sense that FMLA is a total of 12 weeks, whether it's bunched up together, or used for bed rest at first, then maternity later. However, I agree with leighla , in that it shouldn't take away from disability... and that's my main concern - being covered.

Posted 8/14/08 11:03 AM
 

octoberbride
Big sister to be!

Member since 11/05

2174 total posts

Name:

Re: Bed rest counts as disability & takes away from FMLA?

Posted by MrsRbk

No, it shouldn't take away from your Maternity/FMLA leave



I was on bedrest for the 7 weeks before having DD. It did count against FMLA. It did not count against my maternity though. The 8 week (I had a C-section) short term disability clock started the day DD was born.

Posted 8/14/08 11:07 AM
 

MrsS2005
Mom of 3

Member since 11/05

13118 total posts

Name:
B

Re: Bed rest counts as disability & takes away from FMLA?

Posted by Lichi

I've tried to ask HR about this, to get a final confirmation from them, but they're horrible at responding.

Anyway, thanks for the information, ladies. I think it makes sense that FMLA is a total of 12 weeks, whether it's bunched up together, or used for bed rest at first, then maternity later. However, I agree with leighla , in that it shouldn't take away from disability... and that's my main concern - being covered.


You're considered disabled for 6 or 8 weeks after the birth depending on the type of delivery you have. If you have pregnancy-related complications and are unable to work, you may also be entitled to disability benefits during that period. Receiving disability for a few weeks prior to the birth should not affect your ability to receive disability benefits after the birth.

Posted 8/14/08 11:13 AM
 
 

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