Maternity Leave

Question

Does anyone have information on starting a new job but being 5 months pregnant. FMLA, disability, vacation. Would this even apply to me since I haven't been with the company for a year yet. I'll probably leave a few weeks before delivering. What's a good way to go about this I haven't built up enough rapport with the company to know my job will be secure when I come back. The company gave me 30 hours of vacation time but that's all I have so far I've only been working 2 weeks here. Do you suggest I don't look for much in return from this job just work and then leave and after the baby start searching for new jobs again? They do not know I'm Pregnant.

SShep · Answer

Your rights depend on your state. I took a new job while 4 months pregnant and was not eligible for federal FMLA or my company's temporary disability (which has an insane 15 month wait before childbirth is covered - our country's approach to motherhood is a joke). Thankfully, I *am* covered by my state's family leave, which only requires 150 days of employment for 14 weeks of unpaid leave. Does your state offer anything other than federal leave?

Research your rights, read the company handbook, then be open and straightforward with your boss. My discussion went like this: 'I wanted to let you know I am pregnant and due ____. I already have childcare reserved, and plan to take 12 weeks of leave. What kinds of flexibility can you offer me as I transition back to work?'

Ella Molnar · Answer

A lot will also depend on the company's written maternity leave policy. They have to have a written policy. If they say 'all employees' or 'all employees with xx hours' or 'all employees with one year of tenure'... that will be your key.

You're right -- you don't actually qualify for FMLA because you haven't been there a year. But if their written maternity leave policy does not exclude new-hires, then they are bound to follow it as part of your employment agreement, and you could sue for wrongful termination on grounds of breach of written policy.  It's a long process, though, and I'd recommend talking to your immediate supervisor to see how they'd recommend handling this.

Maggie B · Answer

If it's not something you want to do long term, work there as long as you can, and leave.
But don't go too much longer without telling your management that you're pregnant and your time there is short.  That is a discussion you'll need to have with them.  If you don't qualify for any leave, see if they have a leave of absence policy where you could take a couple of months off and come back.  But again, if it's not something you want to do in the long term, it's okay to just be done.

My old roommate went from being an anthropologist actively traveling to digs to being a gas station clerk when she was pregnant to working in administration at a banking institution after a few weeks off to be a mom.  It's okay to take some time and re-enter the workforce when you're ready.

M Elizabeth Ingram · Answer

Remember to look at sick time if it's a separate bucket from your vacation time.   Even though federal FMLA won't apply, you might have a state equivalent that is more generous/has different stipulations, so you can look at the state website and search FML.  I would start a conversation sooner rather than later with your supervisor or HR (whoever seems more likely to empathize and have answers).

Dawn S. Cross · Answer

The first thing to do is check your benefits.  There should be information there.  If you can’t find the answer, you should check with your HR.  You may not be eligible for benefits during your time off, and time you take prior to giving birth, may come out of anytime you have built up.

Katie Malone · Answer

I was in a similar situation when I was pregnant with my second daughter. I was actually pregnant while interviewing, but didn’t know yet. I found out in the offer process, but felt like I wasn’t obligated to tell anyone... especially not a potential employer. 
I wasn’t eligible for FMLA, but did get short-term disability. That plus vacation time meant I had 10 weeks of leave. 
If I were you, I would talk with HR & tell them you’re pregnant & when you’re due. And I would ask about their leave policy. Chances are, they will have to offer you something, especially if you’re at a bigger company. 
Also, this is a personal choice, but why would you want to leave a few weeks before having the baby? If you’re working a desk job, I would work up until you deliver. Because chances are, if you do get leave you’ll want every minute with that baby. ;-)

Anonymous · Answer

I was in this position too! My advice is tell HR in person as soon as possible, and then write it down in a recap email that you share back with them. Sometimes HR will help you navigate the confusing path of benefits, but I recommend talking to an employment lawyer in your state if you're confused about benefits- they are difficult to figure out. I learned that disability benefits didn't kick in until post delivery, although that may vary state by state. Best of luck!

Jess Stetson · Answer

Definitely depends on the company, but I would have a conversation with them. Your job wouldn't be legally protected, but the last two places I have been at have both paid maternity leave for folks, even at less than a year, because they saw the value. I think prepping them early is always better, and having a real and honest conversation. Even though your job might not be protected, you still can't be fired for being pregnant and you don't have to ever tell them if you don't want. But if it were me, I'd want to know so I can support the new mama AND start to proactively come up with a plan. And if she brought me a plan (this is what I'm thinking, this is where I need coverage), I'd be even more on board.

Anonymous · Answer

Hey there!

I looked last night it looks like I have to work a certain amount of hours or be with the company for a year. 
I know I do have 30 hours built in of vacation time that I could take.  My question is would I have to work up until my delivery day if I have the option of short term disability? 
 I’m questioning if I want to come back to the job after the delivery not sure if this job is something I want to do long term, I also don’t want to have to deal with revamping my resume while bonding but that is something I’ll have to consider. Possibly look for a work at home job once I leave.

Anonymous · Answer

Maggie! This really eases my mind. Being as though I am plus sized you can’t really tell if I’m pregnant but my frequent restrooms breaks and the aches I’m getting from sitting so long is wearing on me.

I  just about can’t fit any office wear but I do need to work a few more weeks to cover baby expenses. Is November to late to tell them? I’m due in December. Yikes! I also worry that my belly will be considerably bigger by that time. I still am a little worried as to when to tell them because it will be easy for them to hire and train someone that is going to stay.

Also, I haven’t hit my 90 days yet should I wait or can they come up with some weird excuse as to why they let me go to cover them?

Maternity Leave

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