Legal Question in Medical Leave in Florida

time off for pregnancy

I asked a question about my daughter being entitled to her 12 weeks maternity leave and I guess I didn't explain myself well. I am not asking about paid time off, she has a short term disability plan that will take care of that. What I am wondering is if her company can make her come back prior to the twelve weeks. Her doctor put her on a 30 hr week a little over 2 weeks ago which means she works 10 less hours per week than normal. She is only getting paid for the 30 hrs., but it seems they may try to make her deduct the difference between her usual 40 hr. week and the 30 hr. week she has been working for the past 2 and1/2 - 3 weeks. Since she may be another week or so before delivery that could amount to one or more weeks that they want to deduct. Can they tell her she must come back earlier than the 12 week maternity leave she put in for under FMLA?


Asked on 10/10/08, 1:34 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: time off for pregnancy

She gets 12 weeks after she has the baby.

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Answered on 10/12/08, 3:04 pm


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