FMLA and maternity leave

[origamimommy]

Human resources ladies and others that know about this stuff, I need some help.  So, I have been at my current job for over a year.  My FMLA would be no problem here.  My problem is that I am interviewing and the job I am interviewing for is a lot more money, which would be really, really helpful with two kids.  It would take so much stress away (daycare, diapers, potentially formula, etc.) and be SOMUCHCLOSER to my house.

Anyway--I am nervous that I would only be given 6 weeks maternity leave, in which case, I would turn down the job and then look for something higher paying when I came back to work, but I don't know, it seems a little sheisty to do that.  So anyway, I guess my question is two fold:

--Can you negotiate in FMLA coverage (i.e. full service credit?)
and if not, can you negotiate a full maternity leave or no dice?  

I have negotiated full service credit in terms of vacation before, but never the legal side.  Halp me please!

[bliz1712]

not HR specifically, but I have HR experience. I doubt you can negotiate FMLA since it's a federal program and pretty straightforward. But what I suspect you are trying to do would be to work out a better ML with them. Do you know what type of leave they offer within the company? We aren't required to follow FMLA so we have to use our "ST disability" that is offered through work. It's company provided and nothing related to FMLA. Maybe that's an option. Have you seen their benefits package, or do you know anyone there that you could ask?

[babywinks]

Not HR, but my company had 6 weeks ST disability and I took 2 weeks of paid time after that. Maybe you can negotiate extra vacation time that you start with and use as maternity leave? I'm sure you can get something worked out, but you will definitely need to know their policy first.

[paddyb]

as bliz1712 said you can't negotiate FMLA because it is a federal program...but you may be able to negotiate your maternity leave.

Do you know yet what their maternity leave policy is? For example some places give 12 weeks paid regardless of how long you have worked there. Some places give more than 12 weeks. Some count your maternity leave towards your FMLA time, and some do not.

[laurski81]

Nov 12, 2015 15:50:53 GMT -5 paddyb said:

as bliz1712 said you can't negotiate FMLA because it is a federal program...but you may be able to negotiate your maternity leave.

Do you know yet what their maternity leave policy is? For example some places give 12 weeks paid regardless of how long you have worked there. Some places give more than 12 weeks. Some count your maternity leave towards your FMLA time, and some do not.

All of this. Either way you will not qualify for FMLA because you will not have met the 12 month requirement but I would definitely ask to see their benefits package before taking any offered position. I have people ask me this all of the time.  If the benefits package does not highlight a maternity leave policy or STD plan then I would definitely ask and see if you can negotiate if it isn't something that will work for you; but I would suggest making sure that you have the offer in hand first. This way if they balk because they find out that you are pregnant you will have a solid discrimination case should they revoke the offer.

[origamimommy]

Thanks, everyone!

laurski81, I fully intend to let them know I am pregnant before I accept an offer. I knew I wouldn't "qualify" for FMLA, but I was hoping to negotiate a full maternity leave. I haven't asked to see a benefits package because I don't ask for those things until an offer is on the table so I have full visibility into what I need to counter offer. I am hoping to receive full service credit in terms of vacation, which will help, and then negotiate out at least a 12 week partially paid maternity leave.

[origamimommy]

Oh, and to answer another question: my company now pays 1 week of sick time, 5 weeks STD at 100% and then 6 weeks unpaid (or use vacation time). I would like a 12 week fully paid, but if we're honest I am pretty sure that's not happening. 6 weeks at 100% would be great, but I want the ability to take my entire 12 week leave.

[trixi282]

Aside from the benefits aspect of it - a friend of mine at my current company got pregnant within a month or two of starting her position with the company. Although she didn't 'qualify' for FMLA when her son was born the company "honored" the 12 weeks. She was able to get the STD benefits for the 6 weeks (2/3 pay) and then use any PTO she aquired and take unpaid time for the additional 6 weeks after that.

Just remember you don't have to disclose your pregnancy at this point at all, but it is your choice if you want to be upfront about it.