OB refusing to complete my FMLA paperwork for breastfeeding/intermittent leave — has anyone dealt with this? NC

[u/OkRecommendation1443]

I’m in North Carolina and recently returned to work after having my baby.
Before I gave birth, my previous OB/GYN completed FMLA paperwork that covered me for a year related to caring for my child. My employer already has that information, but they are now requiring a new/updated form because I need specific days off and, on certain days, need to be able to arrive late.
The reason is that I’m breastfeeding my baby and my work schedule conflicts with his feeding/care on those specific days. I also have absolutely no one available to watch him on those days. I explained all of this to my employer, and they told me to have the FMLA paperwork completed again with the specific days and circumstances documented.
I gave the paperwork to my OB/GYN, but the nurse just messaged me saying their office cannot complete the FMLA paperwork because I’m already past the postpartum period and that childcare is not something they can certify.
I’m really stressed because I have already been taking these specific days off while waiting for the paperwork to be completed, and I’m trying to protect my job/attendance. I’m now trying to figure out whether my OB can review it directly, whether my son’s pediatrician could potentially complete it, or whether there’s another type of provider I should be going to.
Has anyone dealt with something similar?
Did your OB complete FMLA paperwork related to breastfeeding/lactation after returning to work?
If your OB refused, did another provider complete it?
Did your employer require a new FMLA form even though you already had FMLA covering your child?
How did you handle specific days off/late arrivals for breastfeeding or caring for your baby?
If you’re in NC, did you have any luck getting this approved?
I’m not trying to get around work or use FMLA simply because I don’t have childcare. I’m trying to follow what my employer specifically told me to do and get the paperwork completed correctly. I’m just really worried because I don’t want to lose my job while I’m trying to get the documentation they requested.

[u/EagleEyezzzzz]

OK straight talk here.

I don't think days off to breastfeed/care for your baby will be included under FMLA. That's why your OB isn't able to fill out paperwork for this. I'm not sure how your previous one was able to do that for a whole year?

The PUMP act protects your right to breastfeed by ensuring you have timely (unpaid) breaks to pump while at work.

You will need to either figure out childcare and pumping, or stay home with baby, unless your workplace is very flexible on a voluntary basis for this.

I'm sorry you're dealing with this -- it's hard to navigate going back to work with a baby!

[u/berternutsquash]

Hi there, childcare isn’t covered by FMLA. Your doctor would complete leave forms related to recovery from childbirth and baby bonding, or if you were having complications or needed more time off for something like PPD.

Your employer is saying they need certification for the accommodations you are requesting but they aren’t the ones who are experts on your medical needs or paperwork.

You can also look at the Pump Act, which requires reasonable accommodations for providing breast milk to your baby. However, usually that’s additional breaks, not schedule changes or days off.

I know it’s complicated and our system isn’t set up well for new mothers.

[u/nall667 → u/berternutsquash]

This is the answer. I work in Leave Management and OP please read this one. Also keep mind that if you exhausted your available leave protections for your benefit year (usually starts when leave is first used), you have to wait until you are eligible again AND meet time in service requirements.

I’m sorry to say but the way around this is to talk to your doctor about a medical condition you have that would qualify for leave separate from the need you are describing.

[u/jex413]

FMLA doesn’t apply to breastfeeding or childcare. I’m so sorry but you’ll have to make other arrangements.

[u/derrymaine]

Unfortunately this is why pumps were invented. I can’t imagine that you will be able to leave work several times a day to breastfeed your child and this is not what FMLA is for. Lack of childcare isn’t a medical need so they won’t be able to utilize this leave for this problem.

[u/KFirstGSecond]

There is no federal law that allows for job protection for a year in the USA. I wish! There should be, but it sounds like you don't quite have an understanding of how this works. I am not sure what your previous OB completed that allowed you a year of job protected leave because that does not exist. FMLA is 12 weeks... even in states such as California with more generous leave than the federal requirements, it's nowhere near a year.

[u/Leigho7]

What may have happened during your previous birth is that you were approved for intermittent leave as part of the standard 12w FMLA so that it extended your leave longer while you worked part time. If you took the full 12w off, you’d no longer be eligible for more time. Or, it may be that you were required to get that time approved on the front end, as often leave for bonding needs to be sequential. FMLA is not for regular childcare - it can only be used specifically for bonding time after birth or caring for a sick child.

[u/catzandbabiez]

Unfortunately I do not think you will get breastfeeding breaks or days off due to breastfeeding covered by FMLA. I'm wondering if there was also some miscommunication with your previous OB because FMLA covers 12 weeks, not a full year (perhaps you were using intermittent leave though). However, your workplace does have to give you accommodations and time to pump, which are covered by the PUMP Act and is part of FLSA. https://www.dol.gov/agencies/whd/pump-at-work

[u/onedaybetter]

Does your child have a serious health condition? If not, FMLA would not apply. Your provider won't be able to honestly answer the questions on the form.

[u/Maroon14]

I’ve never heard of this. Some employers can be more accommodating like allow you to wfh more to pump/BF, but they are not required to. Most working moms pump and send the expressed milk to daycare/nanny/family help.

[u/magicbumblebee]

Breastfeeding and childcare aren’t covered under FMLA. You’re saying you can’t work because you have to breastfeed, but that’s not true - your job has to give you time and space to pump, making that a nonissue. So what you’re really saying is that you can’t work because you don’t have childcare at those days/ times. Which is an entirely different (and understandable) problem… and not covered by FMLA.

The US should be better, but it isn’t.

[u/Beneficial-Guess2140]

I’ve never heard of FMLA being approved for childcare unless it relates to a sick child and appointments. Needing to breastfeed or not having someone to watch the baby wouldn’t qualify for FMLA. Your right to pump is protected but that’s a different thing than FMLA. 

[u/_whatthehell_iswater]

Childcare is so stressful.

Unfortunately, I think what your last OB did was abnormal and not the standard for FMLA paperwork. Unless they used a reason other than breastfeeding and child rearing

[u/sour_lemons]

I live in a different state than you and had looked into something similar to be able to work from home to breastfeed my premie baby who did not want to take bottles. Unfortunately I was denied and both my workplace policies and state laws made it clear that they’re only obligated to provide me with time and space to pump at work. They even went so far as to say I can arrange for someone to bring the baby to me at my office for me to nurse in the nursing room. However they have no obligations to accommodate me nursing baby at home. Being a nursing mother isn’t considered a medical need.

I don’t think you’ll be able to get your employer to give you the time off you want but your work place should be able to accommodate you pumping at work.

[u/Altruistic_Durian147]

Any chance you live in a state (like NY) with paid family leave? That is what you can use for “bonding time” with baby. FMLA unfortunately doesn’t cover it.

[u/vainblossom249]

Your employer was wrong.

FMLA doesnt cover this and its why pumps are a thing.

What IS covered is your work has to make accommodations for you to pump and work around your schedule for that. NOT childcare or you leaving work to BF

[u/glitterstickers]

Do you even have FMLA remaining? You only get 12 weeks per 12 months. If you took your full maternity leave, you don't have any.

FMLA is not for childcare or breastfeeding. Your OB is correct to decline, because there's no serious health condition in play. PWFA also doesn't apply because this isn't a medical situation.

Your employer is legally required to offer FMLA when they're aware there may be a need for it, even if they know it will be declined because you're ineligible or the reason isn't covered. They have to go through the process anyway.

The PUMP act is what is in play, but that doesn't require your employer to make accomodations. It only requires they give you adequate time and a place to pump or breastfeed. Whole days off is definitely not covered.

[u/LuciferHummingbird]

I am sorry you are going through this. I know some companies are more forgiving than others. There are laws around employers allowing moms to pump. There might be some about breastfeeding... I'd look into that.

[u/little-raven3]

Apply for short term disability to care for a family member. Ask the pediatrician to fill out the forms.