Maternity leave when not covered by FMLA?

Question

Because I just started my job in March I am not covered under FMLA. They could only grant me 6 weeks maternity leave. I had been told at one point that if I had a doctor note they had to honor it. I got one granting me 12 weeks and they are saying that is not good enough. They are saying that I need a more detailed note explaining a medical reason. My main reason is my son got sick with a cold around 3-4 weeks around the time he should have been introduced to the bottle. now he is just beginning to start taking one but not very well yet. I really need a few more weeks to work with him to get him consistent before I leave him for 8 hours everyday. Is this a good reason that my son's doctor would right a note for? Or is there something my doctor could write that would cover me? I'm freaking out. I don't want to lose my job but I can't leave my son knowing that he couldn't eat all day! Need advice!

Answer 1

It doesn't hurt to ask your doctor about it and to relay your concerns to the doctor.  Most doctors can put this into better medical "techno-speak" that may help convince your employer this is the right thing to do.  In the end, your employer has the final say on your job, unfortunately.

Answer 2

No Its not a good raeson! You should quite work and stay home with your baby!

Answer 3

I am fighting with my work over the same thing. I live in California where they allow six weeks after the baby and after the six weeks I can get bonding time with my baby for an additional six weeks. My HR representative wants me to come back to work after the first six weeks are up since he keeps on telling my that I don't qualify for baby bonding time. He is saying that because I don't qualify for FMLA. I am still out on leave through state disability since my doctor diagnosed me with post-partum depression. When my disability ends I am still going to take the bonding time weather or not my work wants me to. I hate my job because I was treated badly when I was pregnant. If they fire me I will file for unemployment. They extended unemployment for up to a year. I will use that time to find a better job where it would allow me to stay at home with my son during the day.

They should honor the doctors note. If the doctor wants you home they have to accept that.

Answer 4

Yeah if you take your son to the doctor and receive a doctor note from the doctor stating that you need to stay home with your baby than your work will have to honor it. Also if you didn't use the full 6 weeks than you have up to 6 months to use the rest of the time off. Your work really should be working with you more unless they want a lawsuit in their hands because that isn't right to deny you time to help your sick child. Speak with your HR department.

Answer 5

your doctor could wright you a note but your employer probly will not grant you extended time. but it depends on the company but if they do it for u then it would be a double standard if they dont do it for everyone

Answer 6

It sucks working for the man, and I feel your pain. The American workforce, especially corporate employers and many HR departments don't give a F, and are very non-compassionate about anyone's "family needs".

They just care about the bottom line and not-so-almighty dollar, that really isn't worth the money it is printed on these days, yet we keep on showing up for work.

Sucks doesn't it?!?

Answer 7

Once you present them with a note, they can not question the details.  After all the reasons stay between u and your doctor.  As long as it is in writing they have to honor it!!!!

Good luck.

Answer 8

I am not sure you received the best advice when someone told you that your company "had" to grant a doctor's note.  I am no expert in the law, but my guess would be that the doctor's note has to have something to do with your delivery and recovery, unless it was a medical emergency situation with your son.  You need to check with the Human Resources person at your job and get clarification on exactly what would be needed to extend your leave.  It is correct that you have to be employed for 1 year before FMLA covers you.  After the HR people give you the info, then go back to your doctor and see if he/she can write something that will help you.

All the best and good luck-