FMLA

HRgal

I have an employee who went off on maternity leave on September 9, 2005. She will not have been with the agency one year until November 1, 2005. After one year, she is eligible for FMLA. Is she considered not eligible for FMLA since when she went off she was not eligible, or does she become eligible when she reached her one year on November 1st?

CJinNM

She is not eligible until she has worked for your company for 12 months and has worked a minimum of 1250 hours, so she is not eligible for FMLA at the inception of the leave. You will need to check to see if there are any laws in your state that apply to pregnancy/maternity leave.