Legal Question in Medical Leave in Kentucky
my sister in law is on maternity leave from her job. She had a healthy baby 4 wks ago and wants 12 total weeks of fmla to bond with her newborn. The company she works for says that she can only recieve 6 wks of maternity leave(fmla) or she will lose her job. She is devastated and cant afford an attorney to fight this. Can her company do this? She lives in ky. Please help!
Thank you kindly,
Mary Miller
1 Answer from Attorneys
That depends if her company actually falls under the requirements of FMLA. From the US Dept of Labor:
Employees are eligible for [FMLA] leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.
http://www.dol.gov/dol/topic/benefits-leave/fmla.htm
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