[asante]

I think I am right on this one but I got ask the expert on this. If you adopt and take FMLA. You do not get paid right? You can use your vacation time you have. I am not sure if it make a different but in Texas.

[finallyamom0310]

No, you don't get paid while on FML. Sorry. We had to use it when my DH became disabled so we did collect disability. But for other reasons no pay unless you use vacation and sick time.

[sbaglio]

Ditto that. And I believe that you have to have been working a year at your job before you can take FMLA (can someone correct me if I'm wrong??).

[karla-k]

I think you have to be full time for a year (check on that before quoting me!) and FMLA guarantees 12 weeks of unpaid leave for qualifies companies. Your employer has to have a certain number of employees for you to be eligible.

You can use paid vacation and sick time, and a lot of companies require you to use this before digging into the unpaid portion of the leave.

[binkybear]

FML is essentially a legal "placecard" for your job/position. It allows you up to 12 weeks unpaid leave from your job without the worry of your job being lost to you when you return. Different companies, school districts, unions, etc have different guidelines as to what happens before FML kicks in. Like my last employer had you use 5 paid time off days and then FML started. My sis is within a school district where you essentially have to use up all of your time off and then the FML would kick in.
An employer can find someone else to do your job when you're gone (business has to keep on going even though you're gone), BUT when you return you are by law suppose to have the same or equal job/position waiting for you...regardless if they keep the other person who was hired to help out when you were out on leave. You can't be "punished", demoted, or fired becuase you used FML. Hope that helps

[greenrobin]

You also need to notify your employer in advance of taking FMLA. Adoption being how it is, you just have to give them a rough guess if you are working with an expectant mom. Most of them understand that you don't have an exact date. They have paperwork that has to be filed so they need some time to get their ducks lined up, too.

[aclee]

Originally Posted by binkybear

FML is essentially a legal "placecard" for your job/position. It allows you up to 12 weeks unpaid leave from your job without the worry of your job being lost to you when you return. Different companies, school districts, unions, etc have different guidelines as to what happens before FML kicks in. Like my last employer had you use 5 paid time off days and then FML started. My sis is within a school district where you essentially have to use up all of your time off and then the FML would kick in.
An employer can find someone else to do your job when you're gone (business has to keep on going even though you're gone), BUT when you return you are by law suppose to have the same or equal job/position waiting for you...regardless if they keep the other person who was hired to help out when you were out on leave. You can't be "punished", demoted, or fired becuase you used FML. Hope that helps

Not every company HAS to offer you FMLA, or their requirements might be different. Smaller companies don't have to, and medium sized companies can offer less than 12 weeks for example. I think for most companies you need to have been employed for 1 year with them in order to use FMLA.

[StorkWatcher]

Googling FMLA will get you to the pages to find the specific requirements (company size, time worked, etc).

That said, I told my HR dept. I would be taking FMLA whenever we were placed with a child, and that I'd give them anywhere between a few months to zero time notice on when it would begin. We had to draw up some paperwork on the front end, then when I did call them the Monday after our son was placed with us on a Saturday, all they had to do was fax me the papers to complete and sign with the actual start date on them.

Also, my manager approved (and HR allowed) that I take my leave intermittently. So I took off the first 30 days, then used the next 60 slowly coming back to work. It was easier for me that way, to separate from my baby plus, I didn't have to take a 90 day straight unpaid leave.

Not all companies will do that for you, but some of the wording in the Act is vague enough that it will allow for it to be done certain ways.

[karla-k]

It is also good to note that both parents can take FMLA. However, if both parents work for the same compnay, the company can limit the leave to a total of 12 weeks per family:

The school district I used to work for allowed 12 weeks per family. If a man and his wife both worked there, they could each take 6 weeks, or he could take 2 and she took 10, etc. But no more than 12 weeks total. I think that was a rip off, but I am sure it was legal.

[binkybear]

Originally Posted by aclee

Not every company HAS to offer you FMLA, or their requirements might be different. Smaller companies don't have to, and medium sized companies can offer less than 12 weeks for example. I think for most companies you need to have been employed for 1 year with them in order to use FMLA.

Yes, I know that I was speaking to the idea the OP HAD fml to utilize from the get go...and why I said "up to" 12 weeks.

People have to check their benefits packages obviously, but what I said was the general idea behind it's reason for being.

[aclee]

Originally Posted by binkybear

Yes, I know that I was speaking to the idea the OP HAD fml to utilize from the get go...and why I said "up to" 12 weeks.

People have to check their benefits packages obviously, but what I said was the general idea behind it's reason for being.

Oh I mainly commenting on the legal place card part. If you work at a smaller office, they don't have to save your spot at all...I know many have assumed their company was large enough that FMLA was a given, but for some it's not. You re right though, the best way to know, is to ask your HR department.

You know I've never been able to find a place that lists how medium sized companies handle FMLA. The owner of my company told me he was only required to give me 8, cause he had looked it up. (He was mistaken cause he wasn't required to give me any cause I had been there less than a year) But I took 9 anyway, and then went back full time after 12

[HeidiK]

And the 12 weeks doesn't have to be taken all at once- You can take 6 weeks now - and six weeks later in the same 12 month calender year. In California you 1st can take your standard 6 weeks disablity ( like a preganacy leave ) complete with state paid disability. Check to see if your state covers you the same if you adopt or foster-adopt

[Daisy1339]

I'm in New Jersey and they just gave us information about an amendment to FMLA. They started taking more for unemployment benefits out of our pay and beginning in July we will get paid time off for the birth of a child and/or an adoptive placement. There were other situations, but those were the two I was most interested in! Now, it's only going to be a percentage, but at least I wouldn't have to use all of my sick time in order to get paid time off.

I wonder, is that only for New Jersey or have you guys heard it, too?