Legal Question in Medical Leave in Florida

Re: Pregnant and on Leave

The answer depends on a few facts including those showing whether yours could be considered a "key position". Key positions receive less protection. Generally, though, they can cover for you but not give away your position, and they must give you the same or an equivalent position on your return. Your best bet may be to broach the subject with the boss and ask him to check with HR or legal before taking any action regarding your position since you have FMLA rights. If he does not cooperate, or you are not comfortable dealing with him, go right to HR or another trusted management official.

Perhaps cooler heads will prevail. If not, you can repost the question, give more details about what makes your job unique and exactly what is going on, and then decide whether you need an attorney or to file a complaint with the U.S. DOL. (The problem is, nothing has happened yet, so there isn't much to complain about yet.)

Congrats on the baby 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 is the author responsible or liable for any actions by the parties involved in the matter.

Re: Pregnant and on Leave

The FMLA only applies to employers who have over 50 employees within a 75 mile radius. If your employer does not meet this requirement, the FMLA does not apply. Additionally, you have to have worked there for one year or more or the FMLA does not apply. You can check out more info on the FMLA at www.dol.gov. Even if you discover the FMLA does not cover you, you may very well have a claim for pregnancy discrimination if you are demoted or transferred upon your return to work. Pregnancy discrimination only requires an employer to have 15 or more employees. Good luck.