FMLA eligible middle of Maternity leave

njjel

We have an ee who is going out on maternity leave this month. she is not eligible for FMLA until 5/14/08. she will have the 1250 hours, but not the 12 months until 5/14/08. Assuming she is still out on maternity leave as of 5/14/08 would she then be eligible for leave then?

stilldazed

She would be if your policy allows the flexibility of extending leave in the absence of FMLA. By 5/14, she would satisfy the length of service requirement and the minimum work hour requirement. If she wanted the other 6 weeks to complete her recovery (with medical certification, if another 6 weeks is needed) or to baby bond, she could be eligible for the entire 12 weeks of protection. Remember, an eligibility period for baby bonding extends until the child is 1 year old.

best wishes

njjel

Dear Dzzed - are you saying that she would only be eligible for 6 additional weeks and not eligible for 12 additional weeks? If so who agrees with this? Thanks all!

stilldazed

As others have posted, she could use the entire 12 weeks once becomes eligible.

davids

If May 14 is the date she becomes FMLA eligible, and she has an FMLA qualifying event on that day or after, she would be eligible for the entire 12-week period.

NaeNae55

Agree with others. She may be out on leave, but her protected FMLA leave doesn't begin until 5/14. If she meets the eligibility standards (and it sounds like she will) she will be able to take 12 weeks off effective 5/14, regardless of any time you allow her before then.


Good luck!

Nae