Legal Question in Medical Leave in Virginia

Maternity Leave

I am 38 weeks pregnant and started my job on Sept 8, 2008. I had a lengthy conversation with the HR Recruiter about qualifying for FMLA for maternity leave. I was told I would not get paid leave but I would have FMLA coverage to protect my job while on maternity leave. Today, my manager told me that I have been denied FMLA because I have not been with the bank long enough and will not have a job to return to once I have my baby. Is this possible? What can I do at this point? I took this new job rather than staying with my current job where I would have received paid leave and job security.


Asked on 1/23/09, 3:08 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Maternity Leave

Rather than relying on what some job recruiter may have told you, you should've checked the requirements for FMLA eligibility yourself before signing on to this new position.

And the requirements are clear, i.e., that an eligible employee must have worked a minimum of 12 months totaling 1250 hours in the 12 months immediatedly preceding the request for the FMLA leave. TITLE 1_GENERAL REQUIREMENTS FOR LEAVE

SEC. 101(2)(A)(i)(ii)---FMLA

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Answered on 1/23/09, 8:36 pm


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