Legal Question in Medical Leave in Maryland
Maternity Leave - 2nd Pregnancy
My wife gave birth to our child in May 2002 and returned to work after 12 weeks of short term disability and the Family Medical Leave Act. She has just recently given birth to a second child in April 2003. She was just notified by the HR department where she works that her request for the Family Medical Leave Act was denied since she had used it last year. Is this a correct interpretation of the Act?
1 Answer from Attorneys
Re: Maternity Leave - 2nd Pregnancy
First, congratulations! Best of luck with your family.
The law provides 12 weeks of leave in a 12 month period. But the employer has different options for counting the 12 months. So, to answer your question, I need to know the manner in which the company counts the 12 month period within which 12 weeks of leave is taken (calendar year, 12 months from the date leave is requested, or counting backward 12 months from the current request). I also need to know the exact dates of her past leave and the new dates she requested, to see if this is a correct aplication of the act.
However, she probably is entitled to a new set of 12 weeks starting in May, at the worst.
Please call me for a free consultation if you want to review the matter in detail to find out exactly where your wife stands. I do not think your wife needs a lawyer, but I am glad to discuss the matter with you.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
6932 Mayfair Road
Laurel, MD 20707
301.604.2497
fax: 301.776.3954
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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