Parental Leave

Question for all you VA mamas. I applied for FMLA leave before I had my baby in June and was denied for FMLA parental bonding (I work part time and missed the cut off by just a few hours) but was approved for six weeks maternity through PWFA/VA Human Rights Act. Here is my issue. I am a teacher and gave birth after the school year had ended, so I did not have a job to take leave from. I called FMLA twice, before and after I gave birth, to ask about using the six weeks at a later date because I am not working over the summer. I was told it was not an issue and could be used at any time within a year or giving birth. I am now back to work and called to give them dates of my anticipated start of maternity leave. The first person I talked to argued that I already used it. The second person said that the time is for physical recovery and not parental bonding and therefore I am ineligible because I have "already had six weeks to recover". Do I have any options here? I feel bad pushing for extra time because realistically I did get more than six weeks at home with my baby but I'm having such a hard time being away from him and I was ASSURED it wouldn't be an issue by multiple people. Are there other avenues I can look into?

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I have no advice/info, but that is so frustrating! I’m sorry mama.

Did you get anything in writing (email)?

You could ask your obgyn primary to do a medical letter regarding your need for more time. It might fall under mental health but its another option to be able to be approved

This is where talking with your employer is best. I'm no legal/hr expert but my understanding of FMLA is that its ultimate goal is to provide job security (i.e. makes it illegal to fire you for covered reasons while you are out). FMLA provides up to 12 weeks of UNPAID job protection and time off. You qualify for this federal protection only if you meet certain qualifications (e.g. minimum hours/time employed). There are additional provisions that are state/employer dependent that can add to this protection. The Virginia Personnel Act provides up to 8weeks of paid time to child bond with your newborn (or foster/adoptive) child within the first 6months of birth or placement. This also requires you to be elligible for FMLA if you want this added PAID benefit.

Hmm... given how new PWFA is, your employer may be the one that will have to work with the agency for your case. I found this article that suggests your employer should be able to give you accommodations that's potentially up to 40w? https://www.jacksonlewis.com/insights/pregnancy-accommodations-and-pwfas-final-regulations-your-questions-answered-0

Talk to your principal. They might be able to approve more time off without pay even if you are not approved by HR.

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