Legal Question in Medical Leave in Georgia
Eligibility
I am pregnant and due on January 21, 2004. This will start a new year for me but will I still be eligible for the FMLA I see that it says that you have to have worked 1250 hours in a year. I work 40 hours a week and I have been on my job going on 4 years in February.
1 Answer from Attorneys
Re: Eligibility
The 1250 hours is measured 12 months back from the date the leave starts, and is not based on a calendar year. Your employer must have at least 50 employees for FMLA to apply. Giving birth to a child immediately after birth is a specifically recognized reason for granting FMLA leave. However, if you want to start the leave in advance of going into labor, you should get your doctor to submit a medical certification to your employer that it has reached the point that it is necessary for you to quit working. You will probably find it preferable to work as long as you can. That way, you can use more of the allowable leave for bonding with and caring for your newborn child.
Pregnancy is not normally covered by ADA (Americans with Disabilities Act) unless serious medical complications develop during the term. However the Pregnancy Discrimination Act requires employers to treat pregnancy in the same manner as it treats all other medical conditions for purposes of sick leave, short-term disability, etc.
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