FMLA Denied. Anyone else ?”

So I’ve been recently told by my employer that I do not qualify for fmla or a leave of absence for maternity leave. Long story short I have exhausted all sick time when I was out earlier this year due to a different medical reason where I was on state disability leave. They basically said when I go on my leave, there will be no job protection or paid time off and I would simply go “off roll”. Which to me means let go. This whole situation is so frustrating. And I know I can’t apply to Ssi until 36 weeks is that correct ? I am only 26 weeks but I would need to figure something else out as I will also be losing my medical coverage once I leave. Any advice or experts of CA laws ? I’m a first time mom so understanding all this is confusing 🫤
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FMLA protects 3 months in a 12 month period (of you've exhausted sick leave or don't have short term disability) it would be unpaid then. I would see if you can talk to someone local who is an actual expert and not at your employers office. Cause you are probably due, what mid-December? So that's like 1 week of maternity leave this year and the rest of it would be next year.

Ask them if off-role actually means let go. Because my employer says that during the time I’m on disability/leave I will be an “inactive employee,” but that in no way means let go, it’s just means I won’t accrue any PTO hours. Look into the “California Family Rights Act (CFRA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave to care for their own serious health condition or a family member with a serious health condition, or to bond with a new child.”

Could you ask your boss if you took a shorter leave? If you don’t need a c section a lot of women take shorter time off? You and your spouse could split the time. I also agree with the fact you will be due around Christmas so it isn’t that long.

Idk about ca specially but all uninsured pregnant women are covered by Medicaid and baby for at least a yr after delivery.. I’m not sure if you would also be but I think it’s mom & baby/babies.. I was already on Medicaid when I got pregnant but I know it’s also an option throughout the USA if you lose your insurance during pregnancy or were uninsured to start with . You just have to apply

CA i am sure has some protection

File a complaint with the labor board. Your job legally has to comply and provide fmla leave.

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