My situation is such a mess, and I am 100% confused. I hope that someone will be able to help me sort this out :(

Here's my story. My STD started on 10/10/08 for a pregnancy related issue. I had my son on the 5th of December. I was cleared to go back to work on 01/19/08.

On 01/15/09 I emailed my boss and asked if I could have a little bit more time off because my son needs shots before he can attend daycare (he has to be at least 8 weeks old for the first round), and also (and more importantly) he needs minor surgery. It's not serious, but serious enough that I can't ship him off to daycare once it's complete. I asked if I could return to work on 02/15/09. He told me no. He said that I need to return by 02/02/09 or else my employment would end.

So my questions are these:

1.) Can I take the extra time off under the FMLA act?

2.) Or, if my employment is ended, would my reason for quitting (I have nowhere to take my son without his proper shots, and staying with him for his upcoming surgery) be considered a "just cause" in case I need to collect unemployment? The boss will not budge, not even for a day or two.

Is short term disability and FMLA the same thing? Can I take one after the other? I am SO CONFUSED :eek:

Thank so much for reading!

1.) Can I take the extra time off under the FMLA act? That depends on whether your employer tracks FMLA by calendar year or on a rolling 12-month basis. If by calendar year (and provided you worked at least 1,250 hours in calendar 2008), then you became eligible for 12 more weeks as of 1/1/09. If it's tracked on a rolling 12-month basis (which is pretty common), then you have exhausted all FMLA entitlement until October 2009.

2.) Or, if my employment is ended, would my reason for quitting (I have nowhere to take my son without his proper shots, and staying with him for his upcoming surgery) be considered a "just cause" in case I need to collect unemployment? Not likely. You would voluntarily be resigning for personal reasons.

Is short term disability and FMLA the same thing? No. STD is an income replacement benefit your employer provides. It's why (I presume) you received disability income while you were off work. FMLA is what actually entitles you to leave time.

Can I take one after the other? No. They run concurrently. STD provides you with some income; FMLA provides you with leave time.