"Three months" v. "12 weeks" for daycare/FMLA

[luckytwenty]

I get 12 weeks FMLA. The daycare we have selected begins at "3 months." Because of the # of days/weeks per month when I am due (Nov. 2), it looks like the baby will be a bit over a week shy of "3 months" when FMLA is over.

Anyone have experience with this? Do daycares usually shrug off a week or two difference?

[elektra]

Not sure about how strict the daycares are but can you maybe just take a week of vacation right after your FMLA?
That's what I did.

[luckytwenty]

I guess I will call the daycare and check. I won't have any vacation time left after FMLA, but perhaps they will allow me to do one week unpaid if necessary. If I don't have childcare for a week, there would be no other way for me to return to work.

[YouAreTheFocus]

Forgive me if I'm making an assumption here...but what about DH? Mine used FMLA to stay home an extra month after I went back.

[luckytwenty]

He could take a week off (vacation time) if necessary. Part of his compensation is revenue brought in, though, not just salary, so one of us needs to take off, it usually pays for it to be me.

The daycare dir. has to call me back, but the person who answered the phone seemed to think being a week shy of the three month birthday was no biggie. I'd be surprised if there weren't other moms who could only take off 12 weeks, which doesn't always =an exact 3 months.

[smiles33]

I sent my DD2 to daycare at 12 weeks old but her daycare has an 8 week policy. I always thought 3 months = about 12 weeks since 5 weeks=35 days.

[Momof3Labs]

Not sure about how strict the daycares are but can you maybe just take a week of vacation right after your FMLA?
That's what I did.

I'd be careful with that. If you don't return to work on the first day after FMLA ends, you no longer have protection under the federal law, and could be required to pay back all of your health care benefits during your leave. My employer is very strict about this requirement. Of course, you can go back for one day and then take off, but you need to show your face on that first day.

[elektra]

I'd be careful with that. If you don't return to work on the first day after FMLA ends, you no longer have protection under the federal law, and could be required to pay back all of your health care benefits during your leave. My employer is very strict about this requirement. Of course, you can go back for one day and then take off, but you need to show your face on that first day.

Interesting. Maybe I officially took my PTO at the beginning then? My HR person helped me through the whole thing.
As I remember though, I had to fill out forms saying my first day back was on August 1, but then I also just put in for PTO from August 1-7.
So maybe that's how my company documents it, not sure.

[Melbel]

With Thanksgiving you may have a couple of holidays that would not count toward FMLA.

[JanBaby]

Interesting. Maybe I officially took my PTO at the beginning then? My HR person helped me through the whole thing.
As I remember though, I had to fill out forms saying my first day back was on August 1, but then I also just put in for PTO from August 1-7.
So maybe that's how my company documents it, not sure.

A lot of companies run their paid leave concurrent with FMLA (to prevent employees from being out for 6 weeks on short term disability then 12 weeks of FMLA and then X weeks of PTO) so if your STD didn't start on your first day out, you may have been required to take PTO. As PP said, after 12 weeks your job protected leave is exhausted but I've never heard about paying back health care benefits if you don't return on that date. Regardless, I'd have a discussion with your HR person about your return date/PTO availability. I've never fired someone for not returning from maternity leave after 12 weeks.

[ciw]

I'd be careful with that. If you don't return to work on the first day after FMLA ends, you no longer have protection under the federal law, and could be required to pay back all of your health care benefits during your leave. My employer is very strict about this requirement. Of course, you can go back for one day and then take off, but you need to show your face on that first day.

:yeahthat: This was my company's policy too. (I was able to combine FMLA with vacation time though for extended leave. I can't remember whether vacation or FMLA came first -- I think it was vacation).

A co-worker's wife worked for another company -- ironically, a large health insurance company -- and mixed up the date she was to return to work. They called her at home and told her she need to get into the office asap. (I remember this b/c my co-worker raced home to take care of the baby leaving me to complete his work and mine on one of the busiest days of the year. I was at work until 2 a.m.) Sorry for the tangent....but yeah, for a lot of employers, you had better be in the office the first day FMLA ends.

[JanBaby]

[QUOTE=ciw;2812285]:yeahthat: This was my company's policy too. Had I not returned on the first day FMLA ended, I would have been required to pay back the benefits as well. QUOTE]

Sorry to hijack but that makes no sense to me. FMLA is government mandated job protected leave. It has nothing to do with your benefits. What is the rationale for requiring you to pay back your bennies (I'm assuming you mean your health care) if you don't return in 12 weeks? It's two totally different things.

[ciw]

It has nothing to do with your benefits.

I don't think that's quite accurate. It has been two years since I took leave so I may not remember this word for word but basically, under FMLA, most employers continue to pay the employer portion of an employee's benefits while they are out on leave. If an employee fails to return when his or her FMLA is exhausted, the employer in some cases may be able to require the employee to repay the premiums the employer paid.

My employer was pretty strict on when they deemed that an employee had "failed to return." I don't think there was a grace period.

ETA: Found it: http://webcache.googleusercontent.com/search?q=cache:dfqtz1SjygUJ:www.dol.gov/whd/regs/compliance/1421.htm+fmla+lose+benefits+12+weeks+pregnant+repa y&cd=10&hl=en&ct=clnk&gl=us

Here's the paragraph:

"A covered employer is required to maintain group health insurance coverage, including family coverage, for an employee on FMLA leave on the same terms as if the employee continued to work.

Where appropriate, arrangements will need to be made for employees taking unpaid FMLA leave to pay their share of health insurance premiums. For example, if the group health plan involves co-payments by the employer and the employee, an employee on unpaid FMLA leave must make arrangements to pay his or her normal portion of the insurance premiums to maintain insurance coverage, as must the employer. Such payments may be made under any arrangement voluntarily agreed to by the employer and employee.

An employer's obligation to maintain health benefits under FMLA stops if and when an employee informs the employer of an intent not to return to work at the end of the leave period, or if the employee fails to return to work when the FMLA leave entitlement is exhausted. The employer's obligation also stops if the employee's premium payment is more than 30 days late and the employer has given the employee written notice at least 15 days in advance advising that coverage will cease if payment is not received.

In some circumstances, the employer may recover premiums it paid to maintain health insurance coverage for an employee who fails to return to work from FMLA leave."

[dhano923]

Sorry to hijack but that makes no sense to me. FMLA is government mandated job protected leave. It has nothing to do with your benefits. What is the rationale for requiring you to pay back your bennies (I'm assuming you mean your health care) if you don't return in 12 weeks? It's two totally different things.[/QUOTE]

It protects the employer from having employees abuse the system by claiming they are going to take their 12 weeks FMLA and then not come back and the employer losing their money. The employer is required to maintain their portion of the benefits while an employee is on FMLA. If you don't return from your FMLA as required, then the employer can tell you to reimburse them for the premium portion they paid on your behalf.

[luckytwenty]

About Thanksgiving--I'm actually going to be on maternity leave during several company paid off days. Thanksgiving plus the next Friday=2, then Christmas, New Years, Christmas Eve and NYE are all paid holidays. That's a week. Do companies credit you for those during mat leave? (How cool would that be??)

It turns out we can take up to 16 weeks with our jobs protected and benefits paid if we file for "personal leave." That's 8 weeks with either paid vacay time or STD, 8 weeks unpaid. Of course that's very expensive. I'm hoping the daycare will just take him a week before he turns 3 months--I can't see developmentally the difference between a baby who is 2 months and 4 weeks and a baby who is 3 months on the nose, kwim??

[KrisM]

About Thanksgiving--I'm actually going to be on maternity leave during several company paid off days. Thanksgiving plus the next Friday=2, then Christmas, New Years, Christmas Eve and NYE are all paid holidays. That's a week. Do companies credit you for those during mat leave? (How cool would that be??)

It turns out we can take up to 16 weeks with our jobs protected and benefits paid if we file for "personal leave." That's 8 weeks with either paid vacay time or STD, 8 weeks unpaid. Of course that's very expensive. I'm hoping the daycare will just take him a week before he turns 3 months--I can't see developmentally the difference between a baby who is 2 months and 4 weeks and a baby who is 3 months on the nose, kwim??

I was off for Memorial Day and 4th of July and those days did not count as STD, vacation or FMLA for me. I got paid for them as usual.

[luckytwenty]

I was off for Memorial Day and 4th of July and those days did not count as STD, vacation or FMLA for me. I got paid for them as usual.


Hmmm...not sure if this is good news or bad news. With those days included, I'll have full salary for 8 weeks, which is great. But I've been paying STD all year and won't actually need a single day of it. :-P Too bad they don't let you use it at all beyond 8 weeks (or beyond six for a vaginal delivery.)

[Momof3Labs]

About Thanksgiving--I'm actually going to be on maternity leave during several company paid off days. Thanksgiving plus the next Friday=2, then Christmas, New Years, Christmas Eve and NYE are all paid holidays. That's a week. Do companies credit you for those during mat leave? (How cool would that be??)

It turns out we can take up to 16 weeks with our jobs protected and benefits paid if we file for "personal leave." That's 8 weeks with either paid vacay time or STD, 8 weeks unpaid. Of course that's very expensive. I'm hoping the daycare will just take him a week before he turns 3 months--I can't see developmentally the difference between a baby who is 2 months and 4 weeks and a baby who is 3 months on the nose, kwim??

FMLA only protects you for 12 calendar weeks after delivery, and employers are not required to extend that for STD or any holiday, vacation or other PTO you take during that time. Employers are free to interpret the law more liberally, so some employers may allow you to use PTO/vacation/holidays to extend your leave, but don't assume you can do that unless your HR dept has confirmed it for you.

[JanBaby]

.

In some circumstances, the employer may recover premiums it paid to maintain health insurance coverage for an employee who fails to return to work from FMLA leave."

Ahh..that makes sense. Thanks for looking up the reg!