Hello,
My situation is a little complex. :(
I work for a fairly large company ie nationwide andmore than 50 employees.

Back in (the end of) Febuary, I was diagnosed with infectious
mononucliosis and pulled from work for 3.5 months. At this time my
work knew I was pregnant. They said my leave qualified for FLMA and
CFLA. I used my 12 weeks with that plus I was out for an additional 3
weeks, which they told me today was "company leave/medical leave
time." At this time my works disability policy was for a total of 9 months you could be on mediecal disability.

June 15th I returned to work and was put on a modified work schedule
due to the mono and all the side affects. I worked for 2 months. Then
this last Friday I went into preterm labor and I am on
disability/pregancy leave until 8 weeks after my C-section on Sept 12 or sooner. I am schedule with my drs to be able to return to my normal 40 hour work week job on nov 1st.

Now my questions are first I was told back in Febuary I had 9 months
of disability/medical leave allowed by my company to be better and
back to work and my position would be held as long as I provided them
with drs notes etc., thus I have been doing.

Then on Monday, I recieved my maternity packet that stated I am only allowed 7 months of leave and that they were counting my partial work time that I was back, against me and that was the eqivilent of 2 months of leave and that my FLMA and CFMA was used up. I confirmed today that they have me on PDL starting last Friday.

What I don't understand is why did they use both my FLMA and CFMA
together, and why now are they changing the length of my leave to
7 months not 9 months like it should be.

Pregnancy and Medical Disability should be treated the same and given the same amount of
time. Also, they are trying to tell me the 9 to 7 months was a
"policy" change that started on August 1st and they are not holding me to
the old policy since that was when I first became disabled. They did
not notify me as well of the policy change.

I am having a hard time with my HR rep at my employer and getting a
straight answer from them wither my job is going to be there when I
get back and how much leave I actually have left for the
pregancy/recovery. There favorite saying is "depending on the nature
of the business" blahhhh in requarding my job. I have communicated
with them all my dates and my drs notes like I should. I know I am
"disabled" and have been this whole time so am sure there is
something under the ADA and Disability Act. But none of what my work
seems to be telling me makes any sense.

I am not sure what to do at this point. I need my job when I get back
to help support my family etc. My husband and I have left a message with the head of the HR department requarding the discrepeancies. Also should they be treating my mono disability sepreate than the pregancy disability one?

If an employee is out for a reason that qualifies under FMLA, they are required to apply that time to FMLA. They don't have to (and you don't get the option of) holding onto your FMLA for another time, even if you know in advance that you are going to be out again. You are entitled under Federal law to 12 weeks of FMLA per 12 month period - no more, no less. NOT 12 weeks per occurrance.

If I am understanding you correctly, you were told that you had 9 months of disability leave available to you. back in February BTW that is FAR more than your employer is required to offer you under either state or Federal law - even seven months exceeds the maximum limits. You have used part of that time - I don't know why you are surprised to find that you don't have the whole thing still. I very much doubt that they told you, you would have the entire 9 month available for your pregnancy even after you used some of it for the mono. You had 9 months available TOTAL.

I have in writing that I have a total of 9 months leave (dated in march) The company extends leave up to that time with a drs note even after your fmla has expired. They just do and they hold your position for a total of 9 months. This is what I have in writing. This was for a "medical disability."

Now I got another letter stating that "maternity leave" is just seven months total. (flma&cfra+pdl) And they are putting some of the time I was sick with mono over into the maternity leave ie PDL leave time. I am on PDL right now. and yes I do know my flma was gone, because of the mono.

Now I am still trying to find out why is medical disability leave different from pregancy, when the laws state that if an employer gives a certian time for medical they need to give the same for pregnancy. And can they change the length of your disability time while you are disability? and can they retro the time you worked part time due to medical disability and use it as time for that disability period after you have worked parttime? I looked over my paper work and there is nothing stating the part time status will be held against me.

Thanks, andy

They're not treating pregnancy differently from medical leave. You had a TOTAL of nine months available. You USED some of it. Therefore, you do not have nine months available any longer. Whether you used it for medical or pregnancy is immaterial - they didn't tell you they had nine months PER OCCURANCE - they said you had nine months TOTAL.