[alkalineangel]

I have recently been on interviews to switch jobs to a design department with our local newspaper. The interviews have gone well and I am hoping to receive an offer. My problem is that I am currently 20 weeks pregnant, and I am concerened about my maternity leave. I always was told that you do not (by law) have to disclose that you are pregnant when applying for a job, and as long as you let the employer know you will be taking your maternity leave within 30 days, they will not be able to terminate your position, and upon return will have to give you the same job or one equivalent. My sister, on the otherhand, thinks that the law only applies to those employees who have been with a company for at least a year... who is correct? I don't want to have to cut my maternity leave short, but I also don't want to give up a position that will place my family in a better place financially. I hope to hear from them by next week, and then will give my current employer 2 weeks notice, so my starting time will be in September, and my baby is due at the end of Dec./ beginning of Jan. Any advice would be appreciated. I get confused on the FMLA website.:confused:

[ScottGem]

See the last paragraph, clause 2:

Who is Covered
The Family and Medical Leave Act (FMLA) provides a means for employees to balance their work and family responsibilities by taking unpaid leave for certain reasons. The Act is intended to promote the stability and economic security of families as well as the nation's interest in preserving the integrity of families.
The FMLA applies to any employer in the private sector who engages in commerce, or in any industry or activity affecting commerce, and who has 50 or more employees each working day during at least 20 calendar weeks in the current or preceding calendar year.
The law covers all public agencies (state and local governments) and local education agencies (schools, whether public or private). These employers do not need to meet the "50 employee" test. Title II of FMLA covers most federal employees, who are subject to regulations issued by the Office of Personnel Management.
To be eligible for FMLA leave, an individual must (1) be employed by a covered employer and work at a worksite within 75 miles of which that employer employs at least 50 people; (2) have worked at least 12 months (which do not have to be consecutive) for the employer; and (3) have worked at least 1,250 hours during the 12 months immediately before the date FMLA leave begins...

This excerpt was found at:

Compliance Assistance Employment Law Guide - Family and Medical Leave Act of 1993

[alkalineangel]

Great... thanks. Got to love that. Anyone have any advice as to what I can do? Should I just walk away from this great job?

[Fr_Chuck]

Explain you are pregnant and see if this will be an issue. Honesty up front with a new boss will often help you find a good place to work.

[alkalineangel]

I think you are right. I didn't want to do that because (even though it is against the law) some employers around here are notorious for not hiring a pregnant woman and then giving some BS reason... but I think in this case, it will be best to tell. They seem to be a nice company though, and I hope they will understand. Thank you.

[ScottGem]

I would wait until they give you an offer. Then explain to them, that before you accept you have to let them know that you are pregnant and your due date is xx/xx/xxxx. Tell them how much time you expect to be taking off. Also, since you mentioned the design department, see if there is a possibility of doing work from home to minimize your down time.

There are other considerations though. Make sure their medical coverage will cover you (pre-existing condition and all that) or if your current coverage will cover you to the birth.

[GlindaofOz]

I had a similar situation that I had to deal with at my last job. I work in HR and we hire this awesome woman she was a crazy workhorse. She came on board right after her honeymoon. Well guess what happened? 4 months in to the job she told us she was pregnant. We were really worried since she was so good and we weren't sure what to do. However she was prepared with a plan on what she was going to do while she was on leave. She ended up working until the day before her due date. She continued to work from home for us and just made it so easy that it was as if she wasn't even on leave.

I agree with Scott wait until you get the offer then come back to them and have a plan. If they are such a great place I'm sure they'll accommodate.

[alkalineangel]

Yes we have thought of the insurance, but we have that through my husband.

Thanks for the help, I really do appreciate it. I think telling them at the time of the offer, if I get one, is best. If worse come to worse, It is from 6p -2a, so it won't be that bad if I must go in. I will be home with my children throughout the day.

[MOWERMAN2468]

I Do Not Know About The Maternity Leave, But Most Things Require You Be With An Employer A Year. What About The Insurance For The Medical Expenses, Have You Thought Of That, And The Cobra Plan Where You Keep Your Present Insurance Is Really A lot Higher Than You May Be Paying Now.

[J_9]

Al, glad to hear that the medical is covered by your husband.

I had this exact situation when I was pregnant with Johnny. Applying for Secretary to the President of a larger company in our area.

I went through 3 interviews and at the offering stage is when I presented the fact that I was pregnant. I did go in there with a plan of action similar to what Glinda and Scott stated. Got hired on the spot.

[ScottGem]

I Do Not Know About The Maternity Leave, But Most Things Require You Be With An Employer A Year. What About The Insurance For The Medical Expenses, Have You Thought Of That, And The Cobra Plan Where You Keep Your Present Insurance Is Really Alot Higher Than You May Be Paying Now.

Did you bother to read the whole thread before responding? I answered the question about the FMLA leave in the first response. I also asked the question about medical insurance and it was answered (her husband has coverage) 2 hours ago! You really should read the whole thread before responding.

[alkalineangel]

Thanks everyone. I discussed with my husband, and he agrees. I have come up with a plan of action, and we decided if they aren't willing to work with me, I will decline the position, if they aren't willing to take care of their employess, I probably won't be happy there.

[GlindaofOz]

thanks everyone. I discussed with my husband, and he agrees. I have come up with a plan of action, and we decided if they aren't willing to work with me, I will decline the position, if they aren't willing to take care of their employess, I probably wont be happy there.

Yup. It's a true sign of a company. Especially if you come prepared with a plan of action. Good luck! I hope you get it - it sounds like a cool job.

[alkalineangel]

Just ad design, but that's what I do :) I like that its at night though.

[jillianleab]

There are other considerations though. Make sure their medical coverage will cover you (pre-existing condition and all that) or if your current coverage will cover you to the birth.

I know the original question has been answered, and this doesn't apply to the OP, but pregnancy is NOT a pre-existing condition - ever. An employer who has maternity coverage is required to cover you once you are eligible for insurance. There are goofy things about if you were or were not on a group plan for the previous XX period, blah blah blah, but pregnancy is not a pre-existing condition and your employer cannot refuse to cover you because of it. This is a common mistake people make, and for anyone who is reading this in a similar situation, I thought I'd post it as an FYI! Also (sorry, I've done a lot of reading about this lately) pre-existing conditions when on employer group plans also don't disqualify you; it will only (possibly) disqualify you if you are trying to get a single plan.

alkaline I have a friend who is in a similar situation to your right now. She announced her pregnancy to her employer and was "laid off" two weeks later. She's currently 22 weeks and on the hunt for a permanent position (she found a temp job for right now). She decided to disclose once an offer was made, even though it's pretty obvious she's pregnant! Good luck to you, and congrats on the baby!

[alkalineangel]

alkaline I have a friend who is in a similar situation to your right now. She announced her pregnancy to her employer and was "laid off" two weeks later. She's currently 22 weeks and on the hunt for a permanent position (she found a temp job for right now). She decided to disclose once an offer was made, even though it's pretty obvious she's preggers! Good luck to you, and congrats on the baby!

It's sad isn't it. Not every woman who gets pregnant plans on never returning to work. I don't have that option. Its pretty obvious I am as well, but IM good at hiding it if need be. A suit jacket and collared shirt does wonders.

[jillianleab]

It's sad isnt it. Not every woman who gets pregnant plans on never returning to work. I dont have that option. Its pretty obvious I am as well, but IM good at hiding it if need be. a suit jacket and collared shirt does wonders.

It is sad, and it's really easy for an employer to find another reason to NOT hire a pregnant woman. I mean, there's aren't that many jobs where you get one qualified applicant (pregnant) and no one else. That's been the tough part for my friend. She's been told off the record that once she has her baby she'll get a job with no problem. That just makes her mad, lol! She, like you, doesn't have the option of not returning to work, so she really just wants 6 weeks off after the birth and then have a job to come back to. Right now her temp job keeps her employed until 36 weeks, so she's not tooooo worried about it! Lucky you that you can still hide it!

[alkalineangel]

Not too well, I popped last week, so I can't wear anything too snug... lol.
I don't know why they make a law and then make it so easy to abuse...

[jillianleab]

It does have a lot of loopholes. My friend got let go after she announced her pregnancy, but she worked in the mortgage industry which is slowing down right now, so it was an easy cover. She called the EEOC, but they think her claim is weak because of the nature of her work. I think it helps protect a lot of women, and good companies don't care if you get pregnant. It also gives you 12 weeks off by law (after a year) and a guaranteed job to return to, which is important. I understand it from the employer's POV, because it's impossible to know if you hire someone that they will come back after they give birth. Then you spent that time and money training them for nothing. It's one of those laws that only works if all parties involved are 100% honest, lol, and how much does THAT happen??

[alkalineangel]

Oh I agree its true, and I understand from the company's perspective as well, but no one should automatically jump to conclusions... but eh, that's the world. I guess Im just bitter... lol..