kimbolei81
03-28-2008, 05:29 PM
I have been on FMLA for 12 weeks because I was having surgery on my son while he was in-utero. He was born earlier this month and now my work is telling me my FMLA is up and I have to return to work. Is there a law that gives me a disability leave for postpartum stating that I have 8 weeks after a c-section to recover? Would that not be different than the FMLA? It seems to me after my son was born the FMLA would have ended and a new disability leave (maternity leave) would have started. Can someone please help me with this? Thank you!
Betty3
03-28-2008, 08:39 PM
Once your 12 weeks of FMLA leave are up your job is no longer protected & your employer does not have to allow any additional leave. You need to be treated as any other employee would be treated after being out 12 weeks for any medical condition (ie heart attack). If they would be allowed no add'l. leave, you receive none. There is no federal or Tx. state law that requires add'l. leave for pregnancy. It would be up to your employer whether to grant add'l. time off. There is no disability leave that begins after your FMLA leave ends in Tx. Your employer can require that you return to work & if you do not, you can be terminated. Sorry.
Not to make lite of your situation,and I hope it can be resolved. My mother used to tell me a c-section was the easy way out. I dont know if she was jokeing or serious, and not being a women I have no idea either way,your post just reminded me of it.
JoeC
No, there is no law that grants you additional leave over and above FMLA. Once your FMLA has expired, your employer may legally require that you return to work, and if you cannot/will not, they may legally terminate your employment, no matter how legitimate the need for additional medical leave may be.
IF you are receiving disability benefits from your employer (which is separate from FMLA) in the large majority of cases those benefits will continue regardless of your employment status. But in your state, and in most others, FMLA offers the only job protection. When FMLA expires, so does your right to be returned to work.
