Legal Question in Medical Leave in Florida

Returning to work from FMLA
I recently returned to work from 12 weeks FMLA for maternity leave. I have only been back a month when I hit my original hire date, when our vacation is suposed to renew for the year. My employer is now telling me I am not entilted to vacation for another 12 week because I have to make up the time that I missed. Is this legal?
I read this on the DOL website (In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA leave, nor be counted against the employee under a ''no fault'' attendance policy) and am not sure how to interprit it.

Asked on 10/09/07, 10:20 am

Scott Behren Behren Law Firm

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Re: Returning to work from FMLA

I believe you are correct. I recall having similar cases in the past. Give my office a call if you want to discuss further.

Scott Behren

Answered on 10/09/07, 11:09 am

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