Legal Question in Medical Leave in Georgia
Family Medical Leave Act
Do I have to submit a doctor's note saying that I have to be out 12 weeks to receive the full 12 weeks? My employer told me that I can not be out 12 weeks just because I had a baby, that most doctors will only give six weeks to recover for a normal delivery.
1 Answer from Attorneys
Re: Family Medical Leave Act
If your employer is covered under the Family and Medical Leave Act (FMLA), which usually means that it has over 50 employees within a 75 mile radius of where you work, and if you are a covered employee, which usually means that you have worked for the company for at least the last twelve months, and during that time you worked at least 1250 hours, then you should be entitled to twelve weeks of unpaid leave in a 12 month period. Some questions you would need to answer to see if you are entitled to the full twelve weeks after delivery (if your employer is a covered employer and you are a covered employee) is if you have used any FMLA leave in the past year and, if so, how your employer calculates the 12 month period, whether you gave proper notice of the expected delivery, whether you followed the employer's requirements for doctor's certification, etc. Assuming all of the above are in your favor, you would be entitled to the full 12 weeks, even if a doctor says a "normal" recovery time is 6 weeks. Unless your employer has a policy allowing paid leave, this leave is unpaid.
The foregoing is general information only, not specific legal advice. Consult your attorney before taking legal action. Nothing contained herein constitutes or should be implied to constitute an attorney/client relationship.