Is this even LEGAL (RE FMLA)??? - Page 2

[mahogny]

Originally Posted by wednesday

ETA: even fathers are entitled to 12 weeks off after a baby is born, which a lot of people aren't aware of...but surely no one makes them go to the doctor to document that they were pregnant and just gave birth.

My husband's work had MY doctor sign DH's FMLA forms.

DH took 1 month off. FMLA is guaranteed time off and a job when you return, but it is not a guarantee of a paycheck. Your company is not required nor expected to pay someone taking FMLA time. DH had to use his vacation time.

[boscopup]

Originally Posted by heathenmom

So, instead of the $25 co-pay, I'm afraid I'll get stuck with several hundred dollars worth of doctor's visits, on top of the midwife's fee that's already out of pocket.

The insurance company should still pay for the visits, but they would be considered OB/GYN visits, not prenatal visits, and thus you'd need to pay the co-pay for each one, rather than just one co-pay. A friend of mine saw an OB for a while and then stopped and switched to a midwife. She got a bill for some visits, but then she called up the insurance company and got it corrected. Yes, the OB's office might bill incorrectly, but if you call your insurance company and say that was prenatal care, they *should* cover it.

If your chiro can't sign it, how about just going to an FP for a pregnancy test? FPs do pregnancy tests without doing prenatal care all the time. My own FP doesn't do deliveries, but she's happy to give out pregnancy tests whenever you need one, and then she assumes you go to an OB for your actual prenatal care.

[boscopup]

Originally Posted by heathenmom

Actually, per my company's disability group & HR department , the first 6 weeks (or 8 weeks for a c/s) is for the recovery of the mother. That is the only part that my company will PAY for me to be out on "sick leave." Any other time I take off, while still covered under FMLA, is not considered medically necessary and I have to take vacation for it to be paid. So, while I could claim the "family" instead of the "medical," I wouldn't get paid for the time.

You're talking about two different things here. There's short term disabilty insurance, which is how you get 6-8 weeks paid leave. That's the one where a doctor signs the papers and says you're ok to go back to work. Mine signed it at 4 weeks, so they only paid me for 4 weeks, but I got the doctor to write a note extending it to 6 weeks since I had a preemie (that doctor does the postpartum checkup at 4 weeks, when most do it at 6 weeks).

FMLA is completely separate from short term disability insurance. Not everyone has short term disability insurance - that's a "benefit" that some companies provide (whether they pay for it or you do - in my case, I paid for it, or at least part of it). FMLA is just a law that says you can't be fired for not going back to work before 12 weeks postpartum. FMLA has nothing to do with an employer paying you. That is not required at all. It just says you still have your job when you return. If they don't pay you, then yes, you need to use sick leave and/or vacation time in order to get paid during that time.

[heathenmom]

Originally Posted by boscopup

You're talking about two different things here. There's short term disabilty insurance, which is how you get 6-8 weeks paid leave. That's the one where a doctor signs the papers and says you're ok to go back to work. Mine signed it at 4 weeks, so they only paid me for 4 weeks, but I got the doctor to write a note extending it to 6 weeks since I had a preemie (that doctor does the postpartum checkup at 4 weeks, when most do it at 6 weeks).

FMLA is completely separate from short term disability insurance. Not everyone has short term disability insurance - that's a "benefit" that some companies provide (whether they pay for it or you do - in my case, I paid for it, or at least part of it). FMLA is just a law that says you can't be fired for not going back to work before 12 weeks postpartum. FMLA has nothing to do with an employer paying you. That is not required at all. It just says you still have your job when you return. If they don't pay you, then yes, you need to use sick leave and/or vacation time in order to get paid during that time.

No, for me it's not a short-term disability thing. If you have enough accrued sick leave, my company will pay you for the 6-8 weeks since it's considered a medical absence. You don't have to have STD for them to pay that. If you DO have STD, it's paid in addition to the company-paid sick leave. Outside of the 6-8 weeks, though, they no longer consider it a medical absence and you have to take vacation or it is unpaid. I understand that STD & FMLA are totally separate things. I know they can't deny me FMLA, but they CAN refuse to pay me sick leave, which is basically what they're telling me is going to happen if I don't have a doctor/CNM sign off on the FMLA paperwork.

[heathenmom]

Originally Posted by boscopup

The insurance company should still pay for the visits, but they would be considered OB/GYN visits, not prenatal visits, and thus you'd need to pay the co-pay for each one, rather than just one co-pay.

That makes sense!

Originally Posted by boscopup

If your chiro can't sign it, how about just going to an FP for a pregnancy test? FPs do pregnancy tests without doing prenatal care all the time. My own FP doesn't do deliveries, but she's happy to give out pregnancy tests whenever you need one, and then she assumes you go to an OB for your actual prenatal care.

I don't know yet if my chiro will sign or not; I'll call his office on Monday. I would bet cash money that my FP won't sign it, though. They may give pregnancy tests, but unless I'm remembering wrong, the form doesn't ask for them to sign off confirming that you're pregnant. It asks some fairly specific questions about the care you'll be receiving, and they have been VERY clear with me that they do not handle any care involving reproductive health.

[~Megan~]

or perhaps have your regular doctor sign off on it.