Legal Question in Employment Law in Texas

FMLA -- Merternity

I took FMLA for the birth of my child for 12(working weeks). That is, I counted only the working days (90) in the twelve weeks allowed. I had my baby on 2/3/07, so I took my leave from 2/5/07 to 6/5/07 (minus 2 holidays my employer has in feb & may (presidents day & memorial day). I actually came back to work a week earlier on 5/29/07; however, my employer is charging me with job abandonment , stating that my 12 weeks FMLA ended on 5/1/07.

How do you count the 12working weeks allowed for merternity leave FMLA? Do you or don't you count the weekends and holidays?

Asked on 6/13/07, 2:03 am

1 Answer from Attorneys

Roger Evans Mathis & Donheiser

Re: FMLA -- Merternity

Weekends and holidays do not "count," but that is not relevant to your incorrect addition. It was your math that led to 16 weeks of leave, four more than the law permits. You now see how that has cost you the loss of your job.

I don't understand how you could have made that mistake. It points out that it is a good idea for employer and employee to agree on the amount of the leave and the return date. It is not hard to figure. One would think any second grader could do so, but this proves otherwise. You took 16 weeks rather than the maximum 12 the law permits.

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Answered on 6/13/07, 10:25 am

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