Legal Question in Medical Leave in Maryland

Re: Less than a year

Unfortunately, yes, unless the employer has a policy that allows for extended LWOP or short term disability. In that case, if they allow other non-FMLA, temporary disability leave (such as heart conditions) or family leave to be taken then they cannot treat the pregnancy or maternity leave differently. To do so would be discriminatory under the Pregnancy Discrimination Act and/or Title VII (anti-discrimination law), as well as Florida law.

If at all possible, though, ask if the leave is available to you after 12 months (if you worked at least 1250 hours at that time, it should be), and then wait to use it once you hit 12 months. For example, if it is for maternity and not child-birth, perhaps you could work part-time the first 4 weeks, and your husband or other family member could be home the rest of the time and then you could take up to 12 weeks off under the FMLA. If child birth is involved, use vacation or sick leave if the policy allows for it to cover the first week or so until you can return.

In any case, try to work something out with your employer that helps them as well as you so they will want to help you and not have you quit. (Maybe they simply will agree to hold your position.)

In any case, do not resign. If the employer will not help you, then let them fire you if they want and you can at least try to collect unemployment as long as you are willing to work after giving birth (if that is what is happening).

Good luck and congratulations!