FMLA Paperwork Question

I picked up my paperwork from the Dr for FMLA yesterday. In the section where they ask the amount of time off the nurse wrote 6 weeks for a vaginal birth and 8 for C-Section.

I had planned to take more time since FMLA allows for up to 12 weeks. When I said something to the nurse, she kept saying that is NYS law. I kept explaining this was the FMLA paperwork NOT NYS disability. We went in circles and I finally just gave up. Does anyone know if this is going to be a problem if I want to take the full 12 weeks?

Re: FMLA Paperwork Question

I believe you can, you might just only get paid for the 6 or 8 weeks. I think my company pays us for 10 and we can take up to 12 under FMLA or something like that, but not 100% sure. I'm sure someone much more knowledgeable than me can answer better!

Re: FMLA Paperwork Question

I thought you get disability for 6 or 8 weeks depending on method of birth (vaginal or c-section).

And I thought as long as your company participates in FMLA and you meet the requirements (company is a min of 50 employees and you have been employed a min of 1 year) you are entitled up to 12 weeks off where the employer has to hold your position or a position offering same rate/benefits.

But, I suppose I could be wrong.

Re: FMLA Paperwork Question

this is because after 6 weeks it is a *childcare leave*. you submit your application with a birth certificate rather than a doctor's note.

i am doing my fmla leave after exhausting sick days which will be 7 weeks, so i only have to file once. not sure if you would have to submit the paperwork twice.

eta: fmla does not guarantee disability payments or any payments. the law only guarantees you unpaid leave time.

Message edited 4/4/2008 8:16:34 AM.

Re: FMLA Paperwork Question

FMLA protects your job for 12 weeks. However, they'll only pay you for 6 weeks for a vaginal birth. Unless you have some type of complication where the OB thinks you need more than 6 weeks, then they would write that on the form and you'd continue to get paid. So, what she wrote is correct. I plan to take the 12 - the last 6 wouldn't be paid but I'm going to use vacation for some of it so I do get paid.

Re: FMLA Paperwork Question

Re: FMLA Paperwork Question

She's right. You are only "disabled" for 6 or 8 weeks. You are entitled to 12 weeks of FMLA. They are seperate entities but most likely will run concurrently.


You should not have to submit your paperwork twice though!

Message edited 4/4/2008 6:08:44 PM.

Re: FMLA Paperwork Question

When do you get this paperwork and when do you have to submit it by?

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Re: FMLA Paperwork Question

Re: FMLA Paperwork Question

Re: FMLA Paperwork Question

The FMLA forms are asking for the duration of disability which is either 6/8 weeks. Unless something occurrs that extends your disability, you are not disabled for 12 weeks. The forms were completed correctly.

ETA: If your company allows 12 weeks of FMLA you shouldn't have a problem with the way the forms were completed.

Message edited 4/4/2008 10:18:28 PM.

Re: FMLA Paperwork Question

There is paper work that you shld fill out a month before your due date or section date.
Once you give birth you (most cases) are given a phone # for your company's disability carrier.. ex: MetLife and let them know you had the baby and provide all the info.. thats it. Metlife paid a portion of my salary and my job covered the rest to = 100% b/c I have met the requirements. I got paid for 6 weeks, I had a vaginal birth.
I did submit a b/certificate to my job as "proof" LOL

Re: FMLA Paperwork Question

FMLA is 12 weeks unpaid leave, your job is guaranteed to be there when you return within that timeframe. Disability is different.