Can employees still change job after a few months pregnant? Since under FMLA you have to work for the same employer for over 12 month or 1250 hours. How can we qualify for any paid maternity leave if we do change jobs ? Or we just stuck at our current job because of the situation?

8 Comments

1. AnonymousJuly 23,2024 at 1:00PM UTC

   You can certainly change jobs at any time - but in order to qualify for FMLA (general, I can't speak to state-specific), you need to be with the same employer during that period of time.

2. AnonymousJuly 23,2024 at 1:54PM UTC

   FMLA isn't paid as much as it's job protection after a certain period of time. Usually people take short term disability if the company doesn''t have separate maternity leave, and when people can qualify for that depends on the company.

   From their perspective, being there a few months and then off a few months is not good timing to start a new role.

3. Sue Gordon- retired Career CoachJuly 23,2024 at 7:26PM UTC

   You can look and analyze any company's maternity leave polcies. If you are just a few month's pregnant, you may be there long enough to earn whatever benefit they offer. But you are correct that you will not qualify for FMLA (which as has been pointed out, does not need to be paid). A family member of mine joined her company about 4 months or so before giving birth. She was able to tap into her organizations benefits and was also covered by her state's FMLA which is more generous than federal. So it can work out- but you'll have to ask about the benefits to be sure you understand. Otherwise, wait till after you've taken your parental leave and look then.

4. AnonymousJuly 24,2024 at 4:02PM UTC

   Not a great idea. I'd wait it out.

5. Marian DavidsonJuly 24,2024 at 4:17PM UTC

   Do not change jobs. If your current employer knows that you are pregnant, you have loads of protections in place under labor law, both federal and state. Wait until you are ready to return to work to begin interviewing. Perhaps even interview during your last week or two of maternity leave. Then you can return to your job for a few weeks and then give your notice if you find a new position. In a new job, in almost every state, you are not protected until that one year mark.

6. AnonymousJuly 25,2024 at 5:05PM UTC

   You cannot,the rules require you to remain at the same employer for a set amount of hours. Change roles when you get back from your leave instead.

7. AnonymousJuly 26,2024 at 8:07PM UTC

   If you’re interviewing, look into the new company’s parental leave benefits (different than FMLA). If they have a solid policy, why not? You could possibly also add any front-loaded vacation and sick time to that, too.

8. maria roseJuly 27,2024 at 12:46PM UTC

   One other point, you don’t know what your mental viewpoint or physical state will be after giving birth as to continuing work at the same job. FLMA is vastly understood as to when it should be used. And there are clear concise terms that have to be met, especially if looking at it as a means of getting paid and returning back to work. In the loosest interpretation of FLMA, you are allowed to take time off, without losing your job BUT you have to have been at that job for a designated amount of time to guarantee that the employer would not eliminate your job while you take FLMA. And that doesn’t mean you will come back after a long FLMA to the exact same job or even a modified version of your job. The employer just has to have a job position for you to return to, which may not be what you want.

   Pregnancy and the recovery period after fall under medical/disability protection which means you can’t be fired and the employer has to accommodate your physical needs during the pregnancy and allow you full time to recover from the birthing process. How they pay you is all detailed by law. FLMA does not necessarily include paid leave time but only forces the employer to not deactivate your status as an employee if you have met the requirement of being on the job for the required time ( at least one year or the equivalent of hours worked) prior to requesting the start of a FLMA leave, plus each geographic area might have other factors included. You, the OP, need to research not assume the details of FLMA, and also remember that while pregnant, your mind and body don’t always agree with your career goals for the future. So unless you are GUARANTEED paid time off after the birth that accommodates your physical health and mental wellbeing, which you can’t predict, don’t change jobs during pregnancy and plan job changes after when and if you are returning to work. Good luck