Asking for longer FMLA leave

[smrmomma]

My job offers FMLA leave which protects my job for 12 weeks while I  use up all my leave if I want to get paid while I'm out.  When I had my daughter, I did just this.  Another coworker of mine got pregnant, had her baby, and asked for 16 weeks off around the same time I had my daughter.  Well now that I'm pregnant again, I want to request the 16 weeks off!  I'm just worried about asking.  I figure they really can't turn me down if they allowed it for someone else and it's not like they are paying me for maternity leave.  Thoughts?  Or any advice how to approach this? I was going to tell my boss that this will be a more difficult transition since I will have two babies at home and my husband doesn't work a traditional work schedule. Help?

[welly01]

I think you should just ask, especially if they let someone else do it. It won't be considered FMLA though. When I had DS, I was on bed rest for 3 weeks which used up some of FMLA. I really wanted a full 12 weeks AFTER baby was born, so I asked that they extend my leave. It was no big deal. Also, I don't think you need to offer an explanation to your boss. Just say that you'd like some extra time at home.

[smrmomma]

Feb 18, 2015 13:59:52 GMT -5 welly01 said:

I think you should just ask, especially if they let someone else do it. It won't be considered FMLA though. When I had DS, I was on bed rest for 3 weeks which used up some of FMLA. I really wanted a full 12 weeks AFTER baby was born, so I asked that they extend my leave. It was no big deal. Also, I don't think you need to offer an explanation to your boss. Just say that you'd like some extra time at home.

Thanks.  You're right. I probably don't need to go into detail about why.  Good call.

[mustardseed2007]

Agree that it won't be FMLA leave. FMLA is the Family Medical Leave Act and it requires employers that are of a certain size to allow you to take off 12 weeks without pay and hold your job for you.

If you ask for longer off, then it's just additional time but it's not federally protected time, that's all.

If you want more, then I would start by asking for more and seeing what they say.

[anewadventure]

honestly, i'd be careful with this. the fine print of the FMLA specifically indicates that if you take off extra time beyond the 12 weeks that your job is no longer protected. period.

if you feel like this is not an issue, then certainly ask for the extra. you don't need to tell them why, at least not up front. it really depends on your comfort with whether your job would remain secure in this situation.

[northerngal]

If they say yes you should get it in writing.

[kendraj426]

You don't need to tell them why you want the time, just request it - it is none of their business why you want the time. When I had DS, I took 7 months off. I didn't tell my boss why I wanted the time, I just went in, said I wanted a year off and we discussed and compromised. It took a while for the approval to make it through all the red tape, so I recommend asking a few months before you want to start your leave.

As PP said, your job is not federally protected for any leave beyond the 12 weeks of FMLA leave. The paperwork that I had to sign stated that I was guaranteed to have a job when I came back, but not necessarily my job. My boss held my job for me, but there was no law requiring him to do so.

If you're worried about them turning you down, you can have an idea of how your job can be covered while you're out. This is NOT your responsibility, but if you think they may be apprehensive of allowing you more time, a plan of how your work will get done while you're out may be a way to persuade your boss that you taking that much time off will go smoothly.

Good luck!

[smrmomma]

Fortunately my concern isn't whether they would hold my job for me. I've been with this company for four years and have a good relationship with my boss. She is a blunt person and if she thought she would not be able to protect my job for me, I believe she would tell me. Thanks for all the advice. I am certainly going to ask and I will get it in writing if approved.

[ericalee27]

Feb 18, 2015 13:59:52 GMT -5 welly01 said:

I think you should just ask, especially if they let someone else do it. It won't be considered FMLA though.  

**STUCK IN BOX***

Agree with this.  I took 16 weeks with DS1 - only 12 weeks was considered FMLA, but my company offered another 4 of something they called supplemental leave which was also protected leave -- so I was able to take the full 16 weeks protected.

[culper355]

what does your state provide? Federal law is 12 weeks, but for example in the District of Columbia it's 16 weeks, different states provide different spans of time that are protected.

[GlitchSQ1]

No idea if this would work for you or not, but you mentioned that you are worried about the transition. Could you potentially start back part time, even for a couple weeks? It might help you ease back in a routine without a strict schedule. Of course if you just want the 16 weeks off, definitely ask for it.

[laketide]

Its been very common where I work for people to take 16 weeks - I didn't know this before I took leave though so I didn't. Next time I hope to be able to do this also.

[smrmomma]

Feb 18, 2015 16:06:14 GMT -5 culper355 said:

what does your state provide? Federal law is 12 weeks, but for example in the District of Columbia it's 16 weeks, different states provide different spans of time that are protected.

MD here!  love your avatar.  Yeah 12 weeks...

[smrmomma]

Feb 18, 2015 19:48:39 GMT -5 GlitchSQ1 said:

No idea if this would work for you or not, but you mentioned that you are worried about the transition. Could you potentially start back part time, even for a couple weeks? It might help you ease back in a routine without a strict schedule. Of course if you just want the 16 weeks off, definitely ask for it.

I would love to work part time but I'm not confident that my current job would allow it. 

[CoverGirl82]

Feb 18, 2015 14:58:26 GMT -5 anewadventure said:

honestly, i'd be careful with this. the fine print of the FMLA specifically indicates that if you take off extra time beyond the 12 weeks that your job is no longer protected. period.

if you feel like this is not an issue, then certainly ask for the extra. you don't need to tell them why, at least not up front. it really depends on your comfort with whether your job would remain secure in this situation.

This.  If they do grant the extra time, ask for confirmation in writing.

Also, if you want extra time, do you have vacation or PTO time you can use?  Just a thought in case your request is denied.

[amiee]

Check and see if your state has a longer leave. TN does allow for 4 months. I needed $$ and couldn't take it but the option was there.

[ECB]

Definitely ask.  The worst they can do is say "no", right?

But... they CAN say "no" even though they said "yes" to another employee.  You don't know what her request was based on, you don't know why they said "yes".  Also, it could be a matter of workload/employee coverage.  

[cocogelato]

Longer than 12 weeks is not considered FMLA, but you can ask. When I requested to take longer than the 12 weeka (+2 weeks vacation) I was told it would be a personal leave of absence. I was ok with going unpaid, as most of my leave was, but my job wouldn't be guaranteed (not a worry), they wouldn't cover their typical portion of my medical insurance costs, and I would lose all my unvested stock awards. In the end, all I would lose wasn't worth it.
But since I knew they couldn't easily replace me, I was able to negotiate a 30 hour per week schedule for the first 4 months back. That wasn't so bad.

[saltyfins]

Hi, I don't go here yet but I recently went through the same thing. I asked about taking more time and found out that I am allowed to if my supervisor approves it. She said she was fine with it.

But then I read the employee handbook for my company and found out that if you get an extension of leave beyond the 12 weeks, they terminate your benefits. That killed it right there for me because I can't lose my health insurance with a new baby.

Just something to think about or ask your company about.

[katelou]

I took 14 weeks because our daycare spot didn't open up until then.

I had at least 10 vacation days that I spent on maternity leave, so my argument was going to be that I was asking for 12 weeks FMLA and 2 weeks of vacation. But my boss didn't care. Those extra 2 weeks were priceless and I would have loved 16 weeks. But I agree with PP that they do not have to approve it just because they approved someone else if it's not a set policy. They could tell you no based on workload or some other reason. Good luck, I hope you get it!