Legal Question in Medical Leave in Florida

Re: Not considred eligible for fmla

First, congratulations. Best of luck with your child.

Second, you have to be with the company for 12 months, regardless of how many hours you have worked, to get FMLA leave. So the company unfortunately does not have to grant FMLA leave in this case.

However, they may not discriminate against you based on the pregnancy. So, if they allow others to use their paid time without firing them (which I am sure they do), then they have to let you do the same. Otherwise, they are likely in violation of the Pregnancy Discrimination Act, Title VII and Florida state and county law.

You would only be entitled to your accrued (earned) paid time off though, not additional unpaid leave, unless the company also has a leave without pay policy. In that case, they need to treat you the same as anyone else. For example, if they allow LWOP for personal matters, they cannot deny it in the case of pregnancy. That would also likely violate the civil rights laws mentioned above.

In any case, if you are fired and it is related to the pregnancy in your view, you should file a complaint with the EEOC or the county human rights commission where you work. It is free to do so. Before that happens, though, you should try to have a reasonable conversation with the proper authority at work (for example, HR, a VP, or a trusted manager). Explain that you want to keep the job and will do what you can to minimize the impact of leave on the company, but you need some time off to be with your newborn. Perhaps you can work from home or part-time after the first few weeks, or come up with some other compromise.

If you feel the need to hire an attorney, please call for a free consultation.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.