Amanda ([info]zechal) wrote in [info]naturalbirth,
2009-07-28 09:02:00

FMLA

I have a question regarding FMLA. I am having planning on a homebirth with my midwife and my employer is requesting documentation to start my FMLA and then to return me to work. Now I sent an email to the HR department questioning whether or not my midwife could write this letter or not, and they were unsure, and said they would prefer a letter from an obgyn or physician. Has anyone here have to deal with this?

I'm wondering if an ob or physician will write a letter if they didn't do the delivery....so I'm hoping this doesn't become a sticking point. I plan on talking with the ob on Thursday to see what they have to say, my husband will be with me so we are going to confront some of the issues we've dealt with, I'm not expecting support from them, I just need documentation!

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  • 14 comments

[info]rachellynne

July 28 2009, 13:09:35 UTC 2 years ago

my midife (CNM) completed my FMLA paperwork for me and i had no problems

[info]princessenoire

July 28 2009, 13:12:22 UTC 2 years ago

As long as midwives are legal providers in your state, I can't imagine it being a problem.

Also, you can simply request whatever records you had from the OB and use them. You can start FMLA whenever, in my understanding (even before your due date) so all they should really need is proof of pregnancy, yes? The OB has to give you the records, period.

[info]claddagh

July 28 2009, 13:15:11 UTC 2 years ago

If midwives can legally deliver your baby and provide well-woman care and a midwife is your attending practitioner, then the midwife should fill out the paperwork. If the state says she can, I fail to see how your HR department could say otherwise.

[info]zechal

July 28 2009, 13:17:46 UTC 2 years ago

I think the problem is that there is no ruling in Michigan as to whether midwives are legal or illegal. My midwife is not a CNM.

[info]claddagh

July 28 2009, 13:29:09 UTC 2 years ago

I think a GP would be willing to sign off on your pregnancy.

Both CNMs and CPMs are licensed in my state (VA), so I wouldn't confront this issue.

That said FMLA is a federal law. I would just have the midwife fill it out, not ask any questions and not draw any attention to her being a midwife.

[info]manifestress

July 28 2009, 14:11:08 UTC 2 years ago

Really curious why a letter from the midwife would not be adequate.

[info]manifestress

July 28 2009, 14:11:52 UTC 2 years ago

What if you had an emergency home unassisted birth?

The fact that there is a baby is kind of... undeniable!

[info]claddagh

July 28 2009, 14:20:30 UTC 2 years ago

If you birthed at home unassisted on an emergency basis, you would still have had a treating practitioner. So, someone could have filled out the paperwork.

[info]hwar

July 28 2009, 14:41:31 UTC 2 years ago

what is your midwife's take? does she usually write the letters or does she usually refer to a physician?

[info]zechal

July 28 2009, 16:01:50 UTC 2 years ago

I left her a message asking, I'm waiting for a reply!

[info]kitchenwitch

July 28 2009, 16:40:06 UTC 2 years ago

I received the same response from my HR people. They'd "prefer" a doctor to sign, but didn't say they wouldn't accept something from a midwife. I signed up for FMLA early so I could use it for appointments and morning sickness and the like, and I didn't have a midwife yet, so I just made an appointment with a family practice doctor at a clinic I hadn't even visited yet and she filled out the form. I am going to continue going to that clinic, but have a different primary care doctor.

[info]zechal

July 28 2009, 20:28:14 UTC 2 years ago

Did they give you a form? I filled out a leave request but it didn't have a space for a doctor/midwife comments. They are saying they need a letter from the midwife...

[info]kitchenwitch

July 28 2009, 20:30:26 UTC 2 years ago

The doctor filled out a form exactly like this and I didn't have to submit anything else: http://www.dol.gov/esa/whd/forms/WH-380-E.pdf

[info]spook_n_run

July 28 2009, 23:45:56 UTC 2 years ago

I never asked. Just got a letter from her saying I could return to work on X date (although I didn't--I recently quit) and sent it in to them. She's the one whose medical care you are under, so I don't know why it should matter--she knows best in this case.
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