My boss seems to think that I will only need a few days off work, hes rather old fashioned. But my concern is having my baby at daycare at a young age with all the sickness and germs. Is there any law to help me take off more time to care and bond with my newborn?
2007-03-21 10:18:52 · 10 answers · asked by mean_dee 1 in Pregnancy & Parenting ➔ Newborn & Baby
The Family Medical Leave Act (FMLA) states that:
"FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
• for the birth and care of the newborn child of an employee;
• for placement with the employee of a child for adoption or foster care;
• to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
• to take medical leave when the employee is unable to work because of a serious health condition."
They are not required to pay you for your leave, however.
You may not be covered by this. Call your local labor board to find out for sure.
2007-03-21 10:23:53 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I'm no expert, but maybe I can give some helpful information.
When I had my daughter in 2001, the first 6 weeks I was off was actually covered by short term disability. The standard practice for a doctor is to not let you go back to work for ~6 weeks (after your post-partum visit). If you have a c-section, I believe it actually extends to 8 weeks.
I have no idea how that works, but if a doctor says you cannot be working, then I would guess that extends to working for an individual as well.
FMLA, up to 12 weeks (that 6 weeks/8 weeks goes towards your 12 weeks) I don't think comes into play here. I believe the "company" you work for has to have so many people before you are eligible.
2007-03-21 10:24:07 · answer #2 · answered by CG 6 · 0⤊ 0⤋
If you are in the USA, no. FMLA only applies to companies with more than 50 employees.
You can look at a nanny or a small in home daycare for the first few months, most regular daycares don't take children less than 6 weeks old anyway. You can check with your states family services agency for a list of people in your area who are licensed to look after kids in their home. These places usually have only 5-10 children, so the chances of infection are much less.
2007-03-21 10:51:39 · answer #3 · answered by growing inside 5 · 0⤊ 0⤋
Most laws only apply to companies with over 50 people. Talk to your boss and explain you would like to take x amount of days off.
Honestly, if your newborn wasn't a preemie and has no major problems, going back to work after 6 weeks is going to be fine. Think of it like this: the more germs your baby is exposed to, the easier it will be for him to fight off future colds.
2007-03-21 11:26:34 · answer #4 · answered by FaZizzle 7 · 0⤊ 0⤋
If your boss really is "Old Fashioned" then she should be expecting you to quit your job and stay home...it's not old fashioned to crap out a kid and then walk back to your desk to get back to work!
First:
Medically...you won't be medically released to go back to work for at least 6 weeks.
Second:
Most daycare places won't even take children under three months.
Third:
I'm pretty sure that you can take 6 weeks of maternity leave (State Disability) and have your job protected. He has to hold your place for you until you return.
http://www.edd.ca.gov/fleclaimdi.htm
Fourth:
If you're in california, you can also take Paid Family Leave...it doesn't protect your job ...but it is a paid additional 6 weeks after your maternity leave is done...that way you are home with baby for the first three months...
http://www.edd.ca.gov/direp/de2511.pdf
2007-03-21 10:57:17 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Shana Tim's reply sounds good. I know when I worked full time, my short term disability pd half of my wages for 8 wks, but I could take up to 12 wks without pay and still legally be able to keep my position when I returned. Any after that was up to my boss to decide if the position needed filling or not.(I was very lucky to have a good, understanding boss.) Good luck, and don't back down until you've won! Times have changed and you need at least a little time with your child before returning to work, not to mention time for yourself to heal properly!
2007-03-21 10:54:13 · answer #6 · answered by mom-of-4 3 · 0⤊ 0⤋
All employers big or small I believe are supposed to have something. You should be able to get FMLA. As a lawyer he should know that. Go to OSHA.gov as well they have everything listed that you should qualify for. Most day cares won't even take babies younger than 6 weeks. Good luck with your new baby and boss!!!
2007-03-21 11:00:01 · answer #7 · answered by Kari B 2 · 0⤊ 0⤋
Family medical leave act...I believe he has to give you at least 6 weeks. Plus I have never heard of a daycare that takes a baby younger than 6 weeks old!!!
2007-03-21 10:25:04 · answer #8 · answered by got all I need 5 · 0⤊ 0⤋
Quit your job and take care of your baby.
Kids suffer in daycare all day long.
PS- maternity laws apply equally to all employers, but if you piss him off, he'll fire you and make it look like it was for something else. If he's an attorney, he'll be smart about it and not get himself in trouble.
2007-03-21 10:26:58 · answer #9 · answered by Anonymous · 1⤊ 2⤋
idk. check the osha website.
2007-03-21 10:21:54 · answer #10 · answered by Anonymous · 0⤊ 0⤋