Can I extend my 8 weeks of unpaid FMLA?

I’m having a baby at the end of October 2024. My company uses a look back method for determining FMLA. I used 4 weeks of FMLA within a year because I was hospitalized with a serious health issue for the entire 4 weeks.

If I had gotten pregnant about a month later than I did, this wouldn’t be an issue. But because I already used 4 weeks of FMLA in the last 12 months, I can only get 8 for my maternity leave.

I live in a state without specific maternity leave laws for the state.

Is there any way I can get those additional 4 weeks of FMLA? Can I start a new look back period once I’ve taken 8 weeks in order to get those 4 additional weeks?

What’s worse is my husband and I work for the same company, so any leave he takes for the same event comes out of my 8 weeks. If he wants to take 2 weeks, I’ll only get 6.

I do get 2 weeks of paid parental leave, but this runs concurrently with FMLA.

I don’t care if the method available to extend this protects my job or not.

Any tips? Thanks!

#letschat #AskLemon8 #fmla

2024/7/18 Edited to

... Read moreNavigating the Family and Medical Leave Act (FMLA) can be challenging, especially when planning for maternity leave. Under FMLA, eligible employees are entitled to a total of 12 weeks of unpaid leave in a 12-month period for specified family and medical reasons. However, if you've utilized part of this leave within the last year, it directly impacts your remaining eligibility. It's essential to understand the 'look back' method your employer uses, as it determines how much leave you can take based on previous qualifications. In states without specific maternity leave laws, employees rely solely on FMLA protections. If a parent is also employed at the same company, their concurrent leave can further reduce the available time for maternity leave. In such cases, some workers may seek alternatives, such as requesting an extension or using accrued paid time off (PTO) concurrently with FMLA leave. When considering potential extensions, familiarize yourself with your company's leave policies. Some employers allow for the addition of unpaid leave beyond the standard 12 weeks if agreed upon despite not providing job protection under FMLA. If there are medical circumstances that necessitate additional leave, consider gathering relevant documentation from healthcare providers to support your request for further unpaid time. Moreover, it’s crucial to communicate with your HR department early on about your needs and any available options. Understanding all aspects of your employer's policies and your rights under FMLA can empower you in effectively planning your maternity leave. Always remember, while trying to extend your leave, maintain clear communication with your employer and understand the implications of taking additional time off, both professionally and personally.

20 comments

Alyssa👻's images
Alyssa👻

That company seems really unfair my coworker was able to extend hers due to complications she had after birth from 12 weeks to 24 weeks

Gabrielle Eliza's images
Gabrielle Eliza

Also, makes no sense how you and your husband would share your FMLA balance as that is illegal. Unless you are referring to the company's parental leave. They can't enforce you to share FMLA.

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