Legal Question in Employment Law in Georgia

Could i legally request my own maternity leave at 37 weeks gestation due to the

I am 37 weeks pregnant and work at least 30 miles from the hospital that I am registered at. I have beeen told that I can not be pulled out on my maternity leave until I have gone into labor or have a problemed pregnancy (in which niether are my case). I have no more vacation or personal time to use in case of an emergency. But here recently have made frequent trips to the hospital only to find that it was false labor. What am i to do if the real thing happens before my actual due date? is there a law that will back me up if I request my own maternity leave?


Asked on 12/27/01, 9:07 am

2 Answers from Attorneys

Jeff Kent Kent & Merritt, P.A.

Re: Could i legally request my own maternity leave at 37 weeks gestation due to

I am not sure that I understand your question. If you are asking if you may take maternity if you begin real labor before the 40th week, you may if your company's maternity plan allows you to be off once labor begins, even if it is before the 40th week. If the Family and Medical Leave Act applies to your company (the biggest factor for company coverage is if there are over 50 employees within a 75 mile radius of where you work) and to you (the most important factors are if you worked for the company for at least 12 months and worked at least 1250 hours during that 12 months), then you would be able to take unpaid leave if you go into true labor. Many times companies have maternity leave policies that give more benefits to employees than the Family and Medical Leave Act require such as a period of paid leave, leave for doctor's visits prior to birth, etc. Good luck with the baby!

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Answered on 12/27/01, 9:15 am
Donald Singleton The Law Office of Donald W. Singleton

Re: Could i legally request my own maternity leave at 37 weeks gestation due to

Unless you have a separate policy provided by the employer you may be eligible for up to 12 weeks of unpaid leave under the Family and Medical Leave Act. You should speak with your HR rep about this. Call if you have any more questions.

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Answered on 12/27/01, 1:15 pm


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