23 November 2009


Did your employer count your trips prior to custody being granted as part of your FMLA?

If not, tell me how you managed that! If we don't count trip one and court, Lexi and I can stay home until after Christmas vacation.

That would an amazing gift.

And it makes sense to me as there was no child for FMLA to be applied to until I had custody...

But my school has been SO GOOD to me, that I don't want to kick up a fuss.

Cheers! I'm being summoned to "lunch". (Jenga block pies and water served in IKE@ toy dishes on a stool covered in Kookla's blanket. Yummy. Koosna!)


Maura said...

I didn't have to deal with FMLA, but from what I understand, employers have some leeway in how they work it.

In your situation, if it gives you until after Christmas, wouldn't that be better for everyone instead of you starting in the middle of the start-and-stop holiday season? (that's assuming there is time off at holidsy time) A nice, cleaner post-holiday start. Yes, that's the ticket!

Lindy D. said...

Not sure about FMLA. But, perhaps it will be good for Lexi to have a short amount of time at school before Christmas, and then have some time off for the holidays to process it all.

Debbie said...

I'm going to email you

Rachael said...

I didn't use FMLA, but as I understand it, you're allowed up to twelve weeks in a year, non-consecutive (we have employees who use it.) Can you use vacation days for court and first visit to extend the FMLA? Well, good luck. It does seem that coming back after the break would make it neater.

Annie said...

Couldn't you just take your original visit as time off?

As I mentioned before, probably, Family Leave and all that jazz was NOT part of the picture. I guess I'd set up the expectation of myself as the "pre-industrial-revolution" worker and if Ilya arrived during harvest season - well, too bad!

My other children all arrived in the spring so the easy-going summer was there in all its glory for them.

I am wondering, though, if maybe a brief foray into school life and then another extended mommy/Lexi time might not help her a bit. She can have a taste of it, then step back. YOU can have a taste of it and get a better sense how it will impact your energy, schedule, etc.

Becky said...

Jumped on to your blog from Kathy's. Didn't use FMLA to adopt, but am in HR. As Rachael said, it can be used non-consecutive. BUT, you may attempt Extended Care Leave. Since I am new to your blog, it does appear that you are not in the US.

I am enjoying the opportunity to get to know you and your Lexi!

Tina in CT said...

I also think that the brief time in school and then the two week break for the holidays for Lexi might be a good way to break into the school routine for her.

Anonymous said...

Hello, I am Lera's Mommy. Ha! I love, love, love saying that! LOL!!
If your friend (whom was LEra's prayer warrior) does not mind, I would love to get in touch with her.


BTW: I enjoy your blog. Add it to the list.

To answer this question, I work as a nurse so when I take our first leave, I am hoping to "give away" the shifts that I will be missing. Ihave some great co-workers that will help me out. If not, then, yes. It will count against the 12 weeks of FMLA that we have here.

julian said...

In my district, FMLA has to be continuous. So the first trip was counted as "sick family leave."
My county wanted to count the day I left for Russia as FMLA, I was able to extend it by sharing that I did not have custody until the 10 days were up and while in Russia, this child was not legally an American citizen, therefore I could not take complete legal custody until I landed in America.
I went back and forth with it, but was able to get my time extended. All of it was without pay, but I only wanted the time, not the pay.
If you only want the time, approach the idea of not being legally able to claim a child until they are a citizen..

Heidi said...

Go for it! You only chance winning more time with her! My (uneducated) guess is that Leave Without Pay is for the 1st trips and then to get her is FMLA. That makes sense to me... but the world doesn't always agree with me. Go figure!
Much luck,

A Room to Grow said...

I used vacation and sick time for Trip #1 and Trip #2. My FMLA started when we returned from Russia. I could have used up to 12 weeks (non-consecutive) within a 12 month period. I think I only used 10 because I wanted to save some in case I needed time off later in the year to deal with things.

Tami said...

I'm with everyone else. It was 12 weeks...non-consecutive. I actually went back to work for a week in the middle when we came home in between meeting Maddie and court.
I would talk to them about it. Since you didn't have custody of her during trip 1, you do have a case for extending the leave. I'll be praying that they'll be considerate and let it just be time off.

McMary said...

I am a nurse also and my answer is the same as Four Wonders Mommy--I was able to "give away" my shifts during my first trip--I also have great coworkers who were ore than happy to help me with this adoption. However, My FMLA will start with the day I leave for Russia so my the time I get home it will only be about 2 months left.

Lisa said...

FMLA started the date the adoption was granted for me. The 10 days was not waived, so yes, the 10 days was part of my FMLA.