Legal Question in Medical Leave in Idaho
meeting eligbility for FMLA
My wife is pregnant, and her employer is giving her a difficult time about taking maternity leave.
My questions are about the Family Medical Leave Act. My wife already meets two of the three criteria. The employer has more than 50 employees within 75 miles and she has already worked over 1,250 hours (not including sick days and vacation).
She is due just three weeks or so shy of being there for 12 months. And the company is denying her FMLA on those grounds.
She has four weeks of vacation and sick time. If she uses that time she would be there for at least 12 months (and still be an active employee since she will be on the payroll receiving pay and benefits). Wouldn�t she then be eligible for FMLA?
Also if she comes back to work after the four weeks of vacation and sick time, does she have the option to take FMLA at a later time because it states leave is permitted for the birth of a child and care for a child up to the first 12 months of life?
1 Answer from Attorneys
Re: meeting eligbility for FMLA
Unfortunately, I suspect that the employer is right in this situation. My recollection of the FMLA regulations is that it requires that you meet all of the eligibility requirements at the time you take the leave. Additionally, the requirement for 12 months and 1250 hours is stated in the conjunctive. This means that both of the conditions have to be met.
You may want to consult with an attorney in your state to determine if state law provides you with any greater remedy than federal law. An excellent source for finding attorneys who are experienced in handling employment law matters is www.nela.org.
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