Legal Question in Medical Leave in Missouri

family medical leave/maternity leave

I am due to deliver a baby soon. My manager called me today to tell me that I am not eligible for FMLA because I haven't worked there a year yet (it's been 8 months.) However, I know I've worked at least the 1250 hours since I've been there and we do have at least 50 employees w/in 75 miles. So do I or do I not quailify? Then she also tells me that since I haven't worked there a year yet, the HR dept wants her to let me go when it comes time to take maternity leave because they don't really offer that type of leave - they only offer the FMLA to eligible employees. However, if I agree to give up part of my job and pay, she'll let me take a maternity leave. Can they do this???


Asked on 7/24/07, 3:29 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: family medical leave/maternity leave

Under the federal law, your employer's interpretation is correct. You have to be employed at least 1 year and work more than 1250 hours. However, you may also have rights under state laws which may be greater than your rights under federal laws.

Because of this, you should consult with an experienced labor and employment attorney in your state.

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Answered on 7/25/07, 10:35 am


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