Legal Question in Medical Leave in Puerto Rico

How does fmla apply in state universities?

I have work for the University of PR for seven years as a full time professor (2.5 years continuosly)in a temporary position. I got my tenure track position on July. At the time I was 6 months pregnant. I leave the job at the mid of september and had my child on Oct 8. I asked for an extended, unpaid leave but they said I did not qualify, no reasons posted.

They also argue I didnot qualify for fml because I didnot served for 1250 hours during the 12 months immediatly preceeding the end of my maternity leave (by mid dec.). For the nature of the institution, they do not credit working ours during summer recess, winter recess, holy week recess, etc. even though we are getting paid. They

credit about 700 working hours per semester. Given that I left by mid september because of my pregnancy, I only accrued about 900 hours from January to Sept. Is it legal? Can I asked for 2 weeks fmla starting on Sept so they credit the hours I worked from sept 2003 to jan 2004, and take the other 10 weeks now?

Thank you very much,

Mercedes


Asked on 1/20/05, 11:28 am

1 Answer from Attorneys
Julio C. Alejandro Julio C. Alejandro Serrano Attorney at Law

Re: How does fmla apply in state universities?

First, it seems likely that you will be able to calculate the 12 month period from September 2003 thru September 2004. The law states that the requirement must be met during the immediately preceding twelve months. Moreover, the law does not contemplate an exclusion of the hours actually worked as part of the employment requirements of the employer during the off-season periods. Additionally, the most recent ruling of the US Supreme Court specifically indicates that the FMLA was enacted to address sex-based discrimination. Thus, the Commonwealth of Puerto Rico is bound by it. As per the terms of the FMLA, nothwitstanding the requirement of the local laws protecting birthing mothers if applicable, you are entitled to twelve weeks unpaid leave.

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Answered on 1/20/05, 2:06 pm


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