State Of Arizona FMLA Questions

5 Replies
LG - November 1

Hi, I am 25 weeks along with twins. I have had some complications and the dr's said I will probably be taken out of work soon. I am a little confused about the FMLA leave in AZ since I just moved here from CA. From my understanding, you use your FMLA as soon as you go out (even if it's before the babies come) My concern is that if they take me out of work now, and I am not due til Feb, I will use my 12 weeks up before the babies come and have no paid FMLA leave when they arrrive. Has anyone dealt with this before? Is there anyway around it, so you go on just disability before the babies come and not FMLA? Thanks for your feedback!

 

jb - November 1

You could probably go on disability before the baby is born since your doctor is recommending it. You only get 12 weeks of FMLA a year. So technically you could use another 12 weeks after the baby is born b/c it will be 2006. But if you have to use all your paid time off (vacation, sick etc..) then you wont have any left and you will be taking unpaid time. Talk to the HR person at your work. They might be able to help you.

 

Tess - November 1

Best advice is to go to www.laborlawtalk.com

 

jessielouwho - November 1

It's true FMLA is for 12 weeks per year but it is not per calander year. Your year starts when your FMLA claim is approved, you can not reapply until that same time the following year, at least that's how it is here in MI. I've been on it for 3 years now due to other medical problems. You should check w/ your HR department. If your doctor suggests that you take off work you should be able to file a short term disibilty claim which should last about 12 weeks, then if there is a gap in time between the end of that claim and the birth of the baby you should probably use your FMLA time (you should apply for both because they do run concurrent) then once the baby is born you can submit another short term disibilty claim for 12 weeks. Like I said tho, that's how it works at my company, your best bet is to check w/ your HR department and see what they suggest.

 

jessielouwho - November 1

And short term disability is paid time (or at least a percentage of your pay) and FMLA is unpaid time.

 

Tara - November 1

I live in CA and work at a large hospital and Jessielou described it perfectly....

 

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