Legal Question in Medical Leave in Florida

maternity leave

I just asked a question and apparantly I didn't explain myself. My daughter has worked over 4 yrs. at a job with over 50 employees. She put in for her maternity leave under FMLA for the full 12 weeks. I am not asking about her being paid by her company, she has short term disability that will cover her pay. I would like to know if her employer can make her come back prior to the 12 wks. She has worked 40 hrs. since she stated however, about 3 weeks ago her doctor said she needed to drop down to 30 hrs. She is a little over 8 months pregnant. She is only getting paid for the 30 hrs; but she was told by a friend that they were going to tell her she would need to deduct the time difference from her maternity leave. In other words she is 10 hrs. per week less than usual and they want to acrue that and have her deduct it from the 12 wk. maternity leave she put in for under FMLA. Can they do that?


Asked on 10/10/08, 1:45 am

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: maternity leave

I don't believe they can do that.

Ask for the human resources policy manual for the company. You can also get a lot of info at the Department of Labor web site.

Read more
Answered on 10/10/08, 12:04 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: maternity leave

I don't believe they can do that.

Ask for the human resources policy manual for the company. You can also get a lot of info at the Department of Labor web site.

Read more
Answered on 10/10/08, 12:05 pm


Related Questions & Answers

More Family Medical Leave Act questions and answers in Florida