Legal Question in Medical Leave in Florida

FMLA and Maternity Leave

I have recently taken a full time sales job with a new company, and I have just learned that I am pregnant. Will the FMLA still cover me when I am due to take maternity leave in 9 months. I have read that if I am not employed by the company for 12 months then I will not be covered. Is this true?


Asked on 2/07/07, 7:38 pm

1 Answer from Attorneys

Re: FMLA and Maternity Leave

That is correct. You must have worked for the company for 12 months total during your life, and for at least 1250 hours in the 12 months prior to taking the leave in order to be eligible. Also the company must have at least 50 employees. Since you will not qualify, check your company's sick leave, annual leave and long term leave policies to see if you can take maternity leave without jeopardizing your job. The company cannot treat you differently than others who take leave, so if they allow either LWOP or paid leave under any policies for other reasons, they should allow it for pregnancy too. Otherwise, they might violate the Pregnancy Discrimination Act.

Congratulations and good luck!

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor it the author responsible or liable for any actions by the parties involved in the matter.

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Answered on 2/07/07, 11:56 pm


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