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Old 03-21-2019, 09:39 AM
 
8,802 posts, read 4,718,281 times
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Hi, asking for my wife.

My wife is 3 months pregnant and the babies due date is October.

Even before having a baby my wife has been searching for a new job with better hours.

Out of the blue a place contacted my wife was interviewed and was offered her a conditional job offer.

Now she mention being pregnant but did not tell them the due date.

Only reluctance we are having in taking the job is a few thing's. If her pregnancy has any complications down the road might have to take time off from work. We are not sure FLMA policy can she be eligible if only working at this job for 4 to 5 months.

When she goes on maternity leave could she have her position again with same hours.

Anyone been in a situation as such or offer up insight that might help with the decision. Thanks!
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Old 03-21-2019, 10:24 AM
 
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You have to have been employed for one year to have FMLA coverage. The employer also needs to employ 50+ people but, in your wife's case, she is already ineligible for FMLA based on her length of employment. The employer does not have to offer the same job, but they are required to offer an equivalent one.
Short term disability might be an option, if she wants to try that route. You need to know what the employer's and the state's requirements are for this, and short term disability is not job protection.
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Old 03-21-2019, 10:43 AM
 
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Got you so probably better stick it out with her current job

Last question about FLMA. So my wife has been at her job for almost 3 years.

She says her job only gives her 6 weeks maternity leave. With State law it should be 12 weeks but she is afraid if takes more than 6 she would be fired.

Can an employer fire you for taking maternity leave?
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Old 03-21-2019, 10:47 AM
 
Location: Los Angeles
12,170 posts, read 10,349,101 times
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Stick with the current job. She probably wouldn't want to be dealing with a new job AND a new baby. It will be easier with a comfortable, familiar job.
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Old 03-21-2019, 12:54 PM
 
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What state provides 12 weeks maternity leave?

Is the six weeks paid or unpaid?

FMLA leave is 12 weeks regardless of company policy, but they may have a policy that grants six weeks of maternity leave without having to fill out any FMLA paperwork.
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Old 03-21-2019, 01:22 PM
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Location: Ohio
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OP, posts above have advised you what the new employer is legally required to do. IMO your wife should check whether the employer would be willing to extend FMLA benefits to her and guarantee that in writing as a condition of accepting the job offer. It seems a shame to pass up a perfectly good job offer without exploring this possibility. If new employer wants her badly enough, she might have some leverage to get the leave she needs.
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Old 03-21-2019, 02:00 PM
 
8,802 posts, read 4,718,281 times
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Quote:
Originally Posted by joe from dayton View Post
What state provides 12 weeks maternity leave?

Is the six weeks paid or unpaid?

FMLA leave is 12 weeks regardless of company policy, but they may have a policy that grants six weeks of maternity leave without having to fill out any FMLA paperwork.
Good to know! Exactly 3 months! I told my wife they give you a hard time we would contact a lawyer.

Only fear think my wife has is after leave won't have a job or have less hours or shift she would be on will be worse than the current shift. Right now the wife goes to work at 3 PM as a Nuese but doesn't come home till after midnight.
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Old 03-21-2019, 03:11 PM
 
Location: Northern panhandle WV
3,007 posts, read 2,169,984 times
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In your first post you mention the Babies due in October is that grammatical slip up or is it more than one baby? I would think if more than one that could enter into you planning for time off and for any complications, Might be better to stay with the current job till after birth and ready to go back to work.
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Old 03-21-2019, 04:39 PM
 
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If State law says 12 they have to obey. As another poster mentioned is it paid or unpaid? If it's unpaid then just have her quit if she's under your healthcare insurance and work a couple of months at the new job. It won't make a difference because the old employer will find a reason to get rid of her after the 12 weeks anyways. If it's paid, then of course stay with the current employer.

Having a baby is always a vulnerable time concerning employment because employers discriminate against new moms all the time no matter how illegal it is.
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Old 03-22-2019, 10:02 AM
 
797 posts, read 211,610 times
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It is impossible to give definitive advice without knowing employer size, state law regarding disability/family leave and company policy. As previous poster stated, your wife would not be eligible for FMLA with less than 12 months employment. However, state law and employer policy may be different and more generous. My advice is to discuss with the new employer. If the new employer is an institution that largely employs nurses, they should be very knowledgable about this.

Also, be weary of generic advice offered, as health care facilities have certain staffing requirements, i.e., nurse/patient ratios, availability of pool nurses, union rules (if applicable) etc which can affect policy.

Last edited by Maddie104; 03-22-2019 at 10:17 AM..
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