Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Specifically asking about a baby that died at two weeks. Mom is now expected to come back much sooner than otherwise. It was explained that she can’t take maternity leave for a baby no longer iwith us.
Personally, I think she should hire an attorney and blast the employer publicly, but I’m too close to the situation to think as rationally as normal.
Specifically asking about a baby that died at two weeks. Mom is now expected to come back much sooner than otherwise. It was explained that she can’t take maternity leave for a baby no longer iwith us.
Personally, I think she should hire an attorney and blast the employer publicly, but I’m too close to the situation to think as rationally as normal.
It is FMLA for “medical leave”- has she attempted to get a note from a psychiatrist/physician saying she needs the time off mentally? I had a coworker who had a full-term stillbirth and she took the full 12 weeks. Obviously it will be up to a doctor to decide if she is ready to go back. I have a friend who also took mental health leave shortly after she had a miscarriage. If they are saying that she is ready, then there is not much she can do. However, I can’t imagine she’d be ready to come back after 3 weeks.
Since she gave birth the maternity should still apply, but she can appeal on a medical or bereavement basis too. Her body still has to recover from giving birth, not to mention the enormous emotional burden she is under as her milk dries up and she grieve the loss of her child.
Specifically asking about a baby that died at two weeks. Mom is now expected to come back much sooner than otherwise. It was explained that she can’t take maternity leave for a baby no longer iwith us.
Personally, I think she should hire an attorney and blast the employer publicly, but I’m too close to the situation to think as rationally as normal.
At a time like this, I'm sure that what is more than a miscarriage is devastating to her. Consider having a family member find out what bereavement leave is available to her. During this period of bereavement leave have a doctor certify an additional twelve week period using FMLA for personal illness.
If an attorney is used, he or she should remain in the background for advice. The company will know that she is getting legal advice and tread lightly. It should be remembered that employment is at will.
It's unfortunate that the company has such a hard line position on FMLA leave but it is correct that the passing of the child terminates the reason for FMLA leave based on the birth of a child. She may have a serious health condition that separately qualifies for FMLA leave either due to medical issues from childbirth or a psychological condition due to the loss of the child that qualifies as a serious health condition under the statute.
She should let her employer know if there is an additional reason for FMLA leave and work to complete any additional paperwork necessary right away to avoid interruption of FMLA protection for her job.
There may be state leave laws that provide expanded protection for her job for bereavement or loss of a child that may apply.
Get a new diagnosis of depression and take additional leave.
There is nothing wrong with them ending the first leave as there isn't a baby. Sad circumstances, but she would have to take a different type of leave.
Get a new diagnosis of depression and take additional leave.
There is nothing wrong with them ending the first leave as there isn't a baby. Sad circumstances, but she would have to take a different type of leave.
I suspect finances are the motivating factor (on both sides, really...) Maternity was paid leave, FMLA may not be. Weeks of NICU aren't cheap...nor are funerals...I think that they did plan unexpected medical costs, not so much that + loss of income.
Ok, now that that's out....as a previous poster mentioned, the mother (which she will always be even if her child is deceased) still needs to recover physically from childbirth. The recovery will take even longer if she had a c-section.
If her company are going to be asses about it, have them send more paperwork to her doctor to get a new diagnosis. I can't imagine that pressure from the company would actually result in the employee coming back to work, in these circumstances.
Let's assume the child was three years old and not three weeks. What would you expect from the employer then?
Bad example. She wouldn't have been on maternity leave if the child was 3 and she wouldn't have had to recover from the birth which takes at least 3 months.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
