Can I get more maternity leave for Shoulder Dystocia during a vaginal birth??

[twiggy327]

My son was born on August 4th! When I was delivering his shoulders got stuck for a few minutes and the OB had to give me a major episiotomy My poor little boy was a bruised purple mess when they finally got him out. His whole face was terribly bruised and his collar bone was hairline fractured. Is this something I can get a few weeks extra maternity leave for? My Ob set up an appt for me to come in for a post partum check up in 4 weeks. Is he the one I ask about this to? I only get 6 weeks of maternity leave and am hoping to get another 2 weeks or so. Please let me know if you have had any experience with these situations. thanks,

 

[Lownthwaite]

I'm sorry to hear of your bad experience and hope you and baby are both feeling better.

I probably can't answer very well as I'm in the UK but here it doesn't matter what type or circumstances were involved in your delivery - providing you deliver after 24 weeks you're entitled to the set amount of leave, no more. If you were in the UK and wanted more leave than the allowed paid or extended (unpaid) leave I should imagine you'd have to request a sick note (extra leave based on medical issues). It then wouldn't be classed as maternity leave.

 

[MindUtopia]

I'm in the UK but originally from the U.S. If your baby still needs some additional medical care (or you need some extra recovery time yourself), you might be able to get some additional weeks of family medical leave from your employer. It would probably depend on whether your doctor thinks there is a medical reason for it and will support it and on what kind of worker you are (full vs. part-time, big company vs. small company, etc.) whether you technically qualify for leave. But if you do qualify, you can take up to 12 weeks a year. I'm not sure if the maternity leave you've already had counts as part of this allotted amount (depends on how your employer organizes their leave policies, etc.), but you should at least be eligible for an additional 6 weeks. Unfortunately, it's highly likely to be unpaid, unless your employer offers paid family leave, or you have vacation time or sick days accrued and you can use these. But at the very least they have to protect your job during those 12 weeks. Honestly, I'd be in touch with your employer, especially an HR person if you have one, and talk over your options with them. I think in these situations, the best approach is just to be honest with a trusted person at your job and try to figure out a solution. Most employers do what to work with you if they can, though they might not always want to pay you for those days off, which might be difficult.

Here's info from the Dept of Labor: https://www.dol.gov/dol/topic/benefits-leave/fmla.htm

Hope that's helpful.

 

[mara16jade]

This link is specific to California, but maybe there are similar laws in your State. You might want to ask your doctor how you can maximize your maternity leave (I'm sure he's been asked a million times).
https://siliconvalleymamas.com/2013/03/understanding-maternity-leave-in-california-2013-edition/

 

[Guppy051708]

By law, you are covered for up to 12 weeks of leave under FMLA, typically (depends if you are full time or not, but usually everyone gets that). The only downfall is that your employer is not required to actually pay you. that would be an entirely other can of worms, but legally speaking you should be able to take up to 12 weeks FMLA (Family Medical Leave Act) and they legally have to keep you on pay roll and health insurance.