Legal Question in Medical Leave in Florida

Worked from home

I gave birth on 6/4/05. I started working from home on 6/6/05 and am still working from home. My employer considers this my leave and is questioning me as to why I haven't been in the office yet. 12 weeks would be 9/6/05. The agreement was that we would play things by ear since I am unable to secure childcare I didn't go into the office. How should I respond to him. I also have 2 weeks of vacation time and some sick days available. When I'm on ''maternity leave'' am I required to go into the office by law? Is what I'm doing - working from home - really maternity leave? And if I give my notice do I have to forefit my vacation time? I have worked a full 40 hour week sometimes more (co. doesn't pay overtime) from the time I started working from home. i had every intention of returning to work but now I'm not so sure under these circumstances.


Asked on 8/23/05, 2:20 pm

1 Answer from Attorneys
Bonita Riggens Law Office of Bonita M. Riggens

Re: Worked from home

If you are working from home and getting paid from doing so, it sounds like you are not on leave. There is no Florida law governing maternity leave.

FMLA requires that nonpaid leave be given 12 weeks within a calendar year. For the FMLA to apply you must have worked at least one year for an employer with at least 50 employees within a 75 mile radius.

If your employer has not been paying you overtime you may have a claim for that.

You need to either do a lot of internet research on these issues or seek a consult with an employment law attorney.

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Answered on 8/23/05, 2:59 pm


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