Legal Question in Medical Leave in Virginia

My wife was put on bedrest due to complications of her pregnancy. Her company uses MetLife, so she had paid benefits while on what was considered short term disability.
She has since returned to work in a part-time status (at her doctor's orders, no more than 5 hours a day, 5 hours a week). She was told by MetLife that she had exhausted her 12 weeks of FMLA benefits. Is this possible? She missed 9 weeks completely while on bedrest, but has since been working 25 hours a week of her usual 40 hour a week schedule (something that is supposed to be covered by her STD coverage as well, but they are dragging their feet in handling the claim).
I guess my question is whether FMLA leave is counted by each week that you use it regardless of the smount of hours used, or is it counted at 12 weeks of the typical schedule, i.e. she should only be using 15 hours a week since she's been back to working 25 hours a week?
My other question is, what rights does she have when she HAS the baby as far as maternity leave? Since apparently they've been using up her FMLA concurrently with her disability leave? Also, is that even legit? Because basically they've robbed her of her ability to miss work for our child's birth without risk of losing her job now.

Asked on 12/07/10, 9:31 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Your wife apparently does not work for MetLife so why would this insurer be

making determinations as to whether her FMLA leave had been exhausted since

this is something her employer would normally be keeping track of and not some insurance company for which she does not work?

Answered on 12/12/10, 1:18 pm

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