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Maternity Leave Transition: How to Work Part-time Under FMLA

Here's good news you won't find on the FMLA poster at your workplace:

Under FMLA, you may be able to take your initial six weeks of full-time-off maternity leave, then follow it with a temporary part-time schedule before you return to a full-time schedule.

You could call it your customized phase-back-to-work plan. Others have done it. How can you do it, too? Read on.

A Creative Work/Family Balance Solution

Like many new moms with a full-time job, you may find the standard (USA) maternity leave of six weeks to be painfully short.

Even though you may qualify for 12 weeks of leave under the (US) Family & Medical Leave Act (FMLA), your household budget or employer pressure may compel your return to work after only six weeks of leave.

Maybe you'd like a better-paced maternity leave. How about six full weeks off, then a transition period of working part-time hours, then back to full-time. Is that option possible? Yes!

Time with Your Baby without Total Loss of Income

Reduced leave schedule is a little-known provision of FMLA that may allow you to follow your maternity leave with a temporary part-time schedule.

This allows you to retain partial earnings even as you enjoy more time to bond with your baby.

Besides the emotional benefits, a transitional approach makes it easier to continue breastfeeding and to fine-tune your work/family balance strategies.

How to Create a Phase-Back-to-Work Plan

FMLA's reduced leave schedule is not only little-known, it is hardly publicized. So, until now, you probably didn't know about this creative approach to maternity leave.

Here's how it works:

Start by converting the 12 weeks of allowed FMLA leave into its equivalent in hours: 480 hours of leave available (that is, 40 hours for each week).

Then, figure the number of remaining hours available for flexing into a temporary part-time schedule after your maternity leave is over.

Let's look at an example.

After her six weeks (240 hours) of maternity leave, Amy had 240 hours of FMLA leave remaining.

Using FMLA's reduced leave schedule provision, she negotiated to work three days per week during her initial four weeks back to work.

In other words, she took two days of leave per week for four weeks, using up 64 hours of her 240 remaining allowed leave hours.

Then, she worked four days per week and took one day of leave in each of the next 22 weeks (8 hours per week x 22 weeks = 176 more hours used). With her 240 remaining hours used up, she then resumed her full-time schedule.

There you have it—a phase-back-to-work arrangement after maternity leave under FMLA.

How Can You Get a Similar Arrangement?

Remember, even if you qualify for 480 hours of family leave under FMLA, once any (if any) employer-paid leave is used up, the remainder of the allowed weeks (or hours) is generally unpaid, and you would not be eligible for unemployment compensation during this time. So...

...while you may be unable to afford lengthy unpaid time off, by flexing your unused hours after maternity leave into a reduced leave (part-time) schedule, you can enjoy more time with your baby as you resume earning part of your pay.

So, how do you pull it off?

To use this provision of FMLA, you must first get your employer's agreement if medical necessity is not a factor, as is often the case in the period after the six weeks of post-birth maternity (medical) leave.

Quoting from the U.S. Department of Labor at http://www.dol.gov/elaws/esa/fmla/er3.asp:

In order to take leave intermittently or on a reduced leave schedule after the birth of a child or the placement of a child for adoption or foster care, the employee must have the employer's agreement.

How Do You Get Your Employer's Agreement?

Thousands of moms before you have received approval of a family-friendly arrangement by using WorkOptions.com's Flex Success proposal template to create a professionally-crafted, persuasive document to present to their manager.

I've known for a while now that I've wanted to approach my boss about a 4-day work week [after my return from maternity leave] but didn't feel I knew where to begin with my approach.

And the following month...

Dear Pat, Just wanted to share the good news that my proposal was accepted...your website and Flex Success plan were a huge help. Karen Montagne, Vice President, U.S.-Russia Business Council, Washington, D.C.

Why do working moms use the Flex Success proposal template?

Because the time-proven way to get approval of a flexible work arrangement is to present a written proposal to your immediate manager, and Flex Success has delivered positive outcomes for more than a decade.

It must address not only your part-time scheduling needs, but also your employer's bottom-line interests.

As a result of using Flex Success, I was granted permission to work from home for six weeks following my maternity leave...Your Flex Success format was great because it focused on deliverables for my company and helped me articulate the advantages for them rather than me. That is the reason that I won approval. Thank you. Erika Chandler, North Carolina

Flex Success is a fast (download it) and easy (simply tailor it to your specific job with custom insertions), proposal template and planning guide for getting approval of your individual part-time hours request at your current job. Get more details.

Positioning and Presentation Help You Get Acceptance of Your Proposal

When it's time to present your proposal, be sure to position the phase-back arrangement in a positive light.

For a scripted paragraph presenting intermittent leave, see Return to Work: Transition Phase found in Max Maternity Leave, available for instant download here.

Even if you're not eligible for leave under FMLA, you may want to develop a proposal for a similar approach to your maternity leave anyway.

In any case, it's a good idea to package your phase-back, reduced leave schedule proposal as the final issue of discussion of your overall maternity leave work-coverage plan, as presented in Max Maternity Leave.

Make Plans Now to Flex Your Maternity Leave

Look forward to more precious moments with your new baby when you flex your maternity leave.

I purchased Flex Success and was brought back [from maternity leave] on a reduced schedule of 20 hours, 15 from home!...Without the use of such a user-friendly template and written advice, I don't think I could have been granted such a flexible arrangement tailored to my family's needs. Natasha Colonero, Accounting Department, Abbott Bioresearch, Shrewsbury, MA

I'm unable to respond to FMLA queries.
Please visit the links below. Thank you.

Federal vs. State Family & Medical Leave Laws

FMLA Benefits

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