Legal Question in Medical Leave in Florida

employer trying to take some of 12 week time entitled under FMLA

my daughter has worked for a company (with over 50 employees) for almost 4 years. she put in for maternity leave and plans on taking the full 12 weeks. She is a ittle over 8 months now and will be going out anytime. About 2 weeks ago her doctor changed her from 40 hours to 30 hours. A friend of hers from work told her she heard the HR lady speaking with one of the assistants and said they were going to deduct the time she has lost (dropping from 40 hours to 30) from her 12 weeks. They have not said anything to my daughter yet -- is that legal under FMLA, isn't she guaranteed her full 12 weeks?


Asked on 10/09/08, 4:59 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: employer trying to take some of 12 week time entitled under FMLA

The FMLA does not guarantee paid time off, just paid sick time off. If she has sick time coming, she gets paid for it, otherwise, she just gets 12 weeks unpaid. So, her typical hours worked in a week is irrelevant.

Read more
Answered on 10/09/08, 9:08 pm


Related Questions & Answers

More Family Medical Leave Act questions and answers in Florida