Is this legal?

Question

Hi,
I had a miscarriage recently. I was out of work (counting complications during my pregnancy and miscarriage) for about 6 days. Three unconsecutive days during my pregnancy, and three consecutive days during and after my miscarriage.
I was going to use FMLA, but my boss made me use sick time and vacation. Is this appropriate? Is miscarriage not covered by FMLA? I am afraid to go to HR with it, because my boss may find out and feel I am challenging him.
Serious answers please.

The reason behind me wanting to use FMLA is so I do not lose my job due to attendence issues...

I found out that FMLA would have paid me if I had available sick and vacation time, but I am more worried about losing my job, People that do know know the situation would look at my attendence and think I am just a slacker.

Answer 1

Condolences on your miscarriage. That is a sad thing.

You didn't say what state you are in, and each state's labor laws are slightly different.

In California, there is a waiting period before FMLA kicks in, and your absences don't exceed that waiting period.

I'd say that your 3 non-consecutive pre-miscarriage days are clearly sick days.
The 3 miscarraige-related days don't meet the waiting period requirement, so they could be covered from sick leave or personal/vacation leave or the combined category of paid time off, whichever your employer offers.

The California Employment Development Department website has a very complete set of FAQs which might be helpful.

Complications from pregnancy and miscarriage do not make you a slacker. Assuming you are otherwise good and conscientious employee, any hostile work environment which would include derogatory comments about you being a slacker, whether aimed at you from your boss or from co-workers, is not to be tolerated. If that happens, document it and speak up, and if it happens again, document it and head straight to HR.

Answer 2

First, I am so sorry about your loss. It must be tough to deal with that and with a boss that appears to be insensitive to you.

It's possible that you can't use FMLA for that amount of time or, you haven't been in your job long enough (usually must be in the job for a year or more). I would go to HR anyway, just to understand your options. These things are NOT up to your boss, they are up to company and federal and state policy. Just ask HR what the company's FMLA policy is. If your boss gets mad, just say that you may need it in the future and would like to know what to expect.

Answer 3

It is legal. I feel he /she was looking out for your best interests as far as emotional and income concerns. FMLA, grants you a 6-8 week leave and guarantees A position at the company, not specifically YOUR position. It is for specific circumstances as well. The actual Act should be posted in an employee break room, as mandated by law. And is not paid. By them encouraging you to use sick time was a concerned manager. Check with the Federal Law outling FMLA, I think you will see what I mean.

Answer 4

Roca W right that you have to qualify for FMLA. Also, FMLA is unpaid job protection, so they can require that you use your sick/vacation time. You should be doing both, go to HR to see if you qualify.

Answer 5

It should cover it! you had a miscarriage...i know the pain...i recently went through one my self.....your boss should not get mad at you and if he does...it's HIS fault, it was medical reason, something you had no control over. FMLA, may or may not cover it, but it should.

Answer 6

I don't think FMLA pays you. I'm not positive. I think it only protects you from losing your job.

Answer 7

Definitely go to HR, they need to know, not just for the miscarriage but because of your boss's attitude.