https://boards.hellobee.com/ Pregnancy, Baby and Parenting blog, by Hellobee en Fri, 17 Apr 2026 13:55:57 +0000 https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1435562 Thu, 20 Feb 2014 07:54:00 +0000 Adira 1435562@https://boards.hellobee.com/ <p>@swedishfish: Oh, okay, I see. That makes sense. So the issue is that this girl has MORE than 6 weeks of sick time banked up and HR is saying that she can't use it, regardless of what her doctor says?</p> <p>In that case, yes, that's not right at all! Hopefully it's just a misunderstanding and not really the policy!! </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1435550 Thu, 20 Feb 2014 07:48:58 +0000 swedishfish 1435550@https://boards.hellobee.com/ <p>@Adira: No, because teachers don't get extra vacation days. My school district has us use sick time if we want to extend our time off. </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1435545 Thu, 20 Feb 2014 07:46:51 +0000 Adira 1435545@https://boards.hellobee.com/ <p>Hmm... I'm not sure, but it sounds like it's maybe the same as what my company does.</p> <p>FMLA entitles you to 12 weeks unpaid leave.</p> <p>Giving birth gave me an automatic 6 weeks of STD and I was able to use my sick and banked sick time to cover it. Once those 6 weeks were up, I had to use vacation time or go unpaid (if I didn't have any vacation left). I couldn't continue to use sick time to cover my leave (unless I got a doctor to extend my STD past 6 weeks).</p> <p>I suspect that's what the situation is for you guys?? </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1435533 Thu, 20 Feb 2014 07:40:02 +0000 swedishfish 1435533@https://boards.hellobee.com/ <p>@mrs. 64: yes, I had to work until my due date unless my doctor gave me a letter. This time I'm going to work till I go into labor so I can save my sick days. </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1435527 Thu, 20 Feb 2014 07:34:01 +0000 mrs. 64 1435527@https://boards.hellobee.com/ <p>This is the exact same practice as my school system. Also you have to work until you go into labor, unless your doctor gives you a note to stop beforehand. </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1435416 Thu, 20 Feb 2014 05:14:53 +0000 Adira 1435416@https://boards.hellobee.com/ <p>@daniellemybelle: I can totally believe that! I honestly didn't know what the recovery time for a c-section was like! Hopefully people who actually are NOT recovered DO get approval for more STD!!! </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1435318 Thu, 20 Feb 2014 00:00:40 +0000 brownie 1435318@https://boards.hellobee.com/ <p>@JoyfulKiwi: The issue is that it is considered sick leave and sick leave is ONLY for the medical condition and not care for a healthy infant which is often the last 6 weeks for a normal vaginal birth. BUT if her doctor says it is longer, then she should be able to use more sick leave as her choice under FMLA. OR they are treating it differently which would be discriminatory. </p> <p>I would ask what the use of leave would be for an adoption (in theory it should be all unpaid). If it isn't then, again, that is discriminatory. </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1435294 Wed, 19 Feb 2014 23:23:43 +0000 yoursilverlining 1435294@https://boards.hellobee.com/ <p>@JoyfulKiwi: I would speak to your HR. That's how many companies handle FMLA + STD/PTO/other paid leave (ie, running the paid leave concurrently to FMLA). So, your employer isn't telling her she has to return after 6 weeks, just that she can't use banked time? I guess you'll also have to look into your employer's rules around using banked time. Again though, employers cannot treat pregnancy (as a disability) differently than they treat other disabilities - for better and worse. They need to have consistent rules regarding using banked, paid time in conjunction with any STD and FMLA/other statutory leave. </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1435284 Wed, 19 Feb 2014 23:16:55 +0000 JoyfulKiwi 1435284@https://boards.hellobee.com/ <p>@jedeve: that's my other issue! Our HR dept is full of women and yet they all feel okay denying a mother her PTO after 6 weeks?! It's just a symptom of the larger systemic issue that birth in America is a medical procedure and not a life event that deserves a bit more thoughtful consideration. </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1435275 Wed, 19 Feb 2014 23:07:18 +0000 jedeve 1435275@https://boards.hellobee.com/ <p>The point of maternity leave isn't just to recover from birth. It's to raise a baby! There is so much going on in those first few months besides letting your uterus heal, sheesh. Establishing breastfeeding can take 8 weeks, sleep deprivation is still going strong, bonding is crucial. </p> <p>Sometimes I wonder if other countries just feel sorry for us with our maternity leave policies! </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1435250 Wed, 19 Feb 2014 22:31:41 +0000 JoyfulKiwi 1435250@https://boards.hellobee.com/ <p>@yoursilverlining: it does! "If an event qualifies for FMLA leave, any paid leave to which the staff member is entitled will run concurrently and will be counted as part of the total twelve weeks of allowed FMLA leave." </p> <p>Am I reading this wrong? It sounds like they're blatantly disregarding this written policy. </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1435249 Wed, 19 Feb 2014 22:26:45 +0000 yoursilverlining 1435249@https://boards.hellobee.com/ <p>@JoyfulKiwi: so does it say in your policy that "time" runs consistently to FMLA? </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1435240 Wed, 19 Feb 2014 22:20:53 +0000 ChitownRo 1435240@https://boards.hellobee.com/ <p>@JoyfulKiwi: my policy was the same. And I work at a very large hospital... I didn't question the legality of it but now think I should have. I was only allowed to use 6 weeks of my accrued sick time (I had more) for my recovery. The remaining 6 weeks of FMLA used the rest of my vacation time and then was unpaid </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1435226 Wed, 19 Feb 2014 22:07:23 +0000 JoyfulKiwi 1435226@https://boards.hellobee.com/ <p>@wonderstruck: actually, you're right that its leave only for illness/emergencies and not for "vacation". We're curious about HR saying they deem the time able to return at 6 weeks, without hearing from her doctor at all (if the doctor said, "For XYZ reason you need 7 weeks", they would not honor that,) I'm also wondering why it's stated in FMLA that "birth OR ADOPTION" is okay under FMLA for 12 weeks, with time accrued used concurrently. There's no "medical" impairment on a new mother when she adopts, but that's stated as okay.<br /> I just think they have some better explaining to do. </p> <p>@swedishfish: we don't have that active of a union with a CBA or building reps. The teachers union here isn't tied to just one district (teachers from multiple districts are all part of the same one). </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1435134 Wed, 19 Feb 2014 21:26:14 +0000 wonderstruck 1435134@https://boards.hellobee.com/ <p>@swedishfish: Ohh okay. Sorry, I didn't realize! </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1435127 Wed, 19 Feb 2014 21:21:22 +0000 daniellemybelle 1435127@https://boards.hellobee.com/ <p>@Adira: This is an aside but I think that is BS. I was not fully recovered after 6 weeks &amp; I had no complications with my C section. My midwives said the standard for C sections is 8 weeks - I hope folks at your company all get their doctors to get them more leave!</p> <p>Anyway, I agree that it's fishy that there is a "practice" that is not official policy. If you have PTO accrued I don't understand why you can't use it! </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1435126 Wed, 19 Feb 2014 21:21:13 +0000 swedishfish 1435126@https://boards.hellobee.com/ <p>@wonderstruck: it's usually different for teachers because we don't get extra vacation days to take off. I get 2 personal days a year and some sick time. </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1435115 Wed, 19 Feb 2014 21:17:58 +0000 wonderstruck 1435115@https://boards.hellobee.com/ <p>I'm not an expert by any means, but if the leave she has accrued is deemed sick/emergency, unfortunately it's likely she doesn't have much of a case unless for some reason her doctor does say that she isn't medically fit to return to work at that point. At my work once FLMA ran up, I could use my vacation time for other days or just have it be unpaid, but not sick/emergency time was not an option since there was no medical issue at that point. It was extended slightly when I ended up needing a c-section though. </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1435097 Wed, 19 Feb 2014 21:13:43 +0000 swedishfish 1435097@https://boards.hellobee.com/ <p>@JoyfulKiwi: a CBA is a collective bargaining agreement. It's the contract the union negotiates with the district. Do you have dues taken out of your paycheck? Do you have building reps? </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1435011 Wed, 19 Feb 2014 20:41:19 +0000 JoyfulKiwi 1435011@https://boards.hellobee.com/ <p>Thanks for all the replies! </p> <p>@swedishfish: @NorCalWayfarer: I'm mental blanking - what's a CBA? I was on maternity leave last fall. I was told I would use up all my leave first and then could take up to a year unpaid as part of their "Parental Leave" policy. I didn't have anywhere close to 6+ weeks saved up, so it wasn't an issue for me. I think we have a union but it's not very active since our district is usually SO GOOD to us. I'm shocked this is happening!</p> <p>@locavore_mama: our policies state that employees eligible for FMLA may take up to 12 weeks for the "birth of a child" and any staff leave one is entitled to will "run concurrently" as part of the 12 week period. It also has a separate section for unpaid Parenting Leave that can last for up to a year (as well as an unpaid medical leave that can last for a year). To me, it sounds like she should be able to use her leave for FMLA. </p> <p>@Mae: we are covered by FMLA and I haven't heard of other people being told when they "should" be fit for work after a medical procedure. It does seem like they're treating birth differently. </p> <p>@NurseMommy: we're assuming that person would get 8 weeks cleared, but we're not sure on that. </p> <p>@Adira: it's great that they have such an explicit policy! She's not trying to use STD (that's an "add-on" not standard for our district). She just wants to use the leave she's accrued. </p> <p>@brownie: You're 100% right that we have "sick/emergency" leave and NOT "vacation". That's clearly stated in the policies. I would be irritated, but not outraged if they said no more paid time after your doctor clears you. They told her that its 6 weeks regardless of her doctor's orders. Also, their FMLA policy says birth is covered up to 12 weeks, with entitled leave to run concurrently. </p> <p>@yoursilverlining: thanks for the information of those laws! I didn't know that. And, yes, it sounds like birth is being treated differently to us. She's not trying to use STD at all, but I'll tell her to clarify that in their next exchange. </p> <p>I'll talk with her again. She is so nice and a "pleaser" that I don't know if she'll do anything about it. I'm not like that and will bust some balls if she'll let me! </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1434233 Wed, 19 Feb 2014 15:26:22 +0000 psw27 1434233@https://boards.hellobee.com/ <p>sometime definitely seems fishy here. We get no paid time off but can take up to 12 weeks unpaid leave under FMLA and use our sick, vacation and personal time to pay as much of that as we can/want. </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1434149 Wed, 19 Feb 2014 15:04:24 +0000 Mrs. Chipmunk 1434149@https://boards.hellobee.com/ <p>my company forced me to use my accrued vacation time (insread of time off without pay) after my 6 weeks paid mat leave expired. </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1434137 Wed, 19 Feb 2014 15:02:25 +0000 yoursilverlining 1434137@https://boards.hellobee.com/ <p>If you are covered by a CBA, you should be bringing this to your union rep and escalate as needed to the company.<br /> Past practice is important, as is what’s actually in a written policy (obviously!)</p> <p>The Pregnancy Discrimination Act of 1978 (part of the Civil Rights Act of 1964) precludes employers from treating women experiencing pregnancy, child birth or a related condition differently in any employment related purpose as people not pregnant but similar in their ability or inability to work. In other words, pregnancy, as a disability, should not be treated differently from other, similar disabilities. </p> <p>I would definitely speak to HR about this. If they are treating pregnant women differently and managing those disabilities different from every other short term disabilities, they are opening themselves up to liability.</p> <p>ETA: is there any way your friend or HR misunderstood the question/answer and that HR was just saying that 6 weeks paid leave is the max paid leave under your STD plan? </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1434075 Wed, 19 Feb 2014 14:50:37 +0000 NorCalWayfarer 1434075@https://boards.hellobee.com/ <p>FMLA job protection for 12 weeks, meaning your employer doesn't have to pay you but your job is protected -- are you eligible for FMLA? Also look at your CBA as that may have additional language re your leave entitlement. Check out your state disability. Also, I'd ask other women who recently went on mat leave for their experience/what they were told. And ask around HR as well. In my experience one person in HR will tell me one thing and another will tell me something different. Sadly, a lot of times YOU need to be the one to research your rights. Also, I agree with PP to check with your union rep. </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1434070 Wed, 19 Feb 2014 14:49:19 +0000 snowjewelz 1434070@https://boards.hellobee.com/ <p>That def does not sound right! Even if this is a set in stone policy I would start a petition to change it! 6 weeks is no where near enough time for a mother to recover physically &amp; mentally! It's crazy to only get 6 weeks to really bond &amp; take care of your baby and then have to haul back to work already! </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1434068 Wed, 19 Feb 2014 14:49:08 +0000 brownie 1434068@https://boards.hellobee.com/ <p>I am not a lawyer is my disclaimer I just had to learn about this stuff because of what I went through. It sounds like you are a school which should mean you are covered by FMLA. In which case, FMLA allows you to choose how you want to pay for it. The other issue is that this all sounds like sick leave and not personal leave. Sick leave often has specific connotations but if only pregnancy is being treated differently it does sound discriminatory. At least to the part in which you are medically incapable. Sick leave can be not allowed to be used for family bonding after the medical necessity is over. I'm not sure if I explained that well or not.</p> <p>I would recommend talking with an employment lawyer. </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1434066 Wed, 19 Feb 2014 14:48:55 +0000 Adira 1434066@https://boards.hellobee.com/ <p>@locavore_mama: haha, this policy (or at least the handbook) are NEW I think! I couldn't find ANY of this information when I was trying to figure out maternity leave!!!! I had to make so many calls and send so many e-mails to get it all figured out! And then when I thought I was all set and finally had Xander, I get a letter saying I'm currently only approved for the 6 weeks and I had to get on the phone to get approved for the full 12! It was such a pain in the butt! So this information being readily available is new! </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1434057 Wed, 19 Feb 2014 14:46:46 +0000 swedishfish 1434057@https://boards.hellobee.com/ <p>@JoyfulKiwi: are you in a union? This should be brought to the attention of the exec board right away. </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1434054 Wed, 19 Feb 2014 14:45:38 +0000 MrsH 1434054@https://boards.hellobee.com/ <p>I think it would depend on what is in writing not what the practice is. </p> https://boards.hellobee.com/topic/discriminating-mat-leave-policy#post-1434047 Wed, 19 Feb 2014 14:44:03 +0000 regberadaisy 1434047@https://boards.hellobee.com/ <p>@Adira: haha you have such a concise policy in your handbook. I don't think maternity policy is even mentioned more than a sentence in mine. </p>