Legal Question in Medical Leave in Florida

maternity leave

my daughter is having her 1st child.she has been with her job for 5 yrs( medical). there are less than 50 employees.she has med. ins, with them but no maternity is offered.well, she is ending up with a c-section birth do to the baby being in the breech position. she was going to try to go back to work after two weeks with a normal birth but ofcourse she will need to be off of work longer now. is she covered by the fmla of florida and can her boss not hold her position and fire her do to her needing a longer recovery time? also how will her med. ins. comtinue when it is taken out of her pay checks and she will not be receiving any while recovering.does she have to request fmla from her boss and where does she get the forms if she is covered by fmla.


Asked on 9/28/08, 7:45 pm

1 Answer from Attorneys
Joseph Vredevelt Best Vredevelt & Associates

Re: maternity leave

so long as there are more than 20 employees, your daughter is covered under FMLA. She should request documents from her work. Their managers should be able to explain how medical insurance will be handled. She will not receive pay, however, her position will be somewhat protected. I saw somewhat because the employer may fill the position, however, your daughte must be put back into a like or similar position; meaning, that if she was a manager of human resources, she couldn't be placed in the position of a secretary or janitor. She can have up to 6 months off, however, the employer can also ask her to take her vacation time as part of that 6 months.

Hope this helps, Joe Vredevelt.

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Answered on 9/29/08, 12:36 pm


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