FMLA Coverage

2346031

I have a new full time employee who worked one complete day and then informed me on the second day that she found out that she was pregnant with complications and has been hospitalized since. Does she qualify for FMLA coverage. She has not yet requested coverage. My interpretation is that does not qualify and her current condition should be treated as sick time. I would appreciate hearing from others about this situation.

awilliams

You are correct. The FMLA has a tenure requirement - an employee must be employed by you for one full year and have worked at least 1250 hours in that year. Your employee does not qualifiy for FMLA leave. You should review any other policies you may have to see if she qualifies for them: leave of absence, medical leave, short term disability.

Tom Harper FL

I agree that FMLA does not qualify. This could turn into an ADA qualifying event later. Our firm represents employers in employment law matters. Please do not hesitate to call me at my office at 904-396-3000, if you should have any further questions.