Human Resource Blog

Where HR Professionals Seek Answers

A Practical Source For Your Daily HR Needs.Lets Build An HR Blog Community Together! Want To Share Your HR Knowledge Or Gain Knowledge Through Other Professionals?Lets Discuss HR!

Jul29

Do I qualify to be covered under FMLA?

HR Management
Confidential Employee Folder
Confidential Employee Medical Folder
Job File Worksheet Folder
Daily EEO Applicant Flow Log
Workplace Information Sheets
Request to Inspect Personnel Files

I began employment at my current job in HR on January 28, 2008. I am currently pregnant and due on October 24th. My company is a qualified company under FMLA therefore, my question is whether or not I am covered?

Thank you for your response.

Kaytie

Employees must work for the employer for 12 months to be qualified for unpaid FMLA leave. So, you would not qualify for unpaid leave in October 2008. However, pregnancy disability is a legitimate medical disability.

If the company permits employees with other medical disabilities (such as a heart attack or cancer) to take time off, even when they are not covered by FMLA, then it must permit disabled pregnant employees to do the same. Also, if the company provides any payments or benefits for medical disabilities, it must do the same for pregnant employees.

However, the majority of employers do not offer any benefits or unpaid leave outside of FMLA. You will probably want and need to take at least 4 weeks off in October, when your baby is born. Most employers in this situation would simply terminate the employee. They may choose to rehire her once the leave is over, but that is entirely the employers decision. There is no law that they must do so.

If you are rehired, you may qualify for time off for baby bonding next year. That is because an employee can take up to 12 weeks of time for baby bonding in the childs first year. And, to qualify the employee must have worked at the employer for 12 months — but they need not be consecutive months. Suppose that you work for the employer for 8 months in 2008. The company terminates you in October and rehires you in Jan 2009. By May 2009, you will have worked for the company an additional 4 months, making 12 months of employment total. At that time, you could legitimately take up to 12 weeks of job-protected, unpaid FMLA leave for baby bonding. That leave must conclude before the babys first birthday.

Tags: , , ,

This entry was posted on Tuesday, July 29th, 2008 at 7:51 am and is filed under
Human Resources Management.
You can follow any responses to this entry through the RSS 2.0 feed.
You can leave a response, or trackback from your own site.

« Previous Entry
Next Entry »

12 Responses to “Do I qualify to be covered under FMLA?”

  1.   Finance,Health,Uncategorized | Applying for Disability How Do I Start? — Recycle Email Says:
    July 29th, 2008 at 6:27 pm

    […] Do I qualify to be covered under FMLA? By Caitlin However, pregnancy disability is a legitimate medical disability. If the company permits employees with other medical disabilities (such as a heart attack or cancer) to take time off, […] Human Resource Blog - http://www.humanresourceblog.com […]

  2. FMLA law Family Medical Leave Act update, Latest cases on FMLA Law : FMLA law update July 30 Says:
    July 30th, 2008 at 1:29 pm

    […] Do I qualify to be covered under FMLA? By Caitlin Employees must work for the employer for 12 months to be qualified for unpaid FMLA leave. So, you would not qualify for unpaid leave in October 2008. However, pregnancy disability is a legitimate medical disability. … Human Resource Blog - http://www.humanresourceblog.com […]

  3. Daniel Schneider Says:
    October 5th, 2009 at 2:15 pm

    My sister has had major back surgery. I want o know if I am covered under FMLA to take time off from work to help her with her physical and emotional recovery.

  4. Caitlin Says:
    October 5th, 2009 at 2:29 pm

    Hi Daniel! Unfortunately, no. Siblings are not covered under the FMLA. The federal Family and Medical Leave Act entitles employees to take up to 12 weeks of unpaid, job-protected leave to care for an immediate family member with a serious health condition. The regulations define an immediate family member as a spouse, son or daughter under the age of 18, or parent.
    If your sister were disabled, and unable to care for herself, and you were her legal guardian, then she would be covered as your *son or daughter.* But sadly, there is no provision under FMLA for an employee to care for a sibling. Some states provide broader coverage under a state family leave law. HTH, and thanks for reading the blogs!~ Caitlin

  5. Marland Says:
    October 16th, 2009 at 9:20 am

    Would an employee be covered under FMLA to care for a sibling during surgery?

  6. Caitlin Says:
    October 16th, 2009 at 9:40 am

    Hi Marland! Unfortuantely, no. The FMLA permits unpaid, job protected leave for an employee to care for a father, mother,or spouse. It also permits leave to care for a son or daughter who is under the age of 18, or disabled and unable to care for themselves. But the federal FMLA does not include siblings, grandparents or in-laws. Sorry, wish we had better news. HTH, and thanks for reading the blogs!~ Caitlin

  7. William Says:
    November 3rd, 2009 at 6:20 am

    thank you for the information you have but my situation is my sister in Israel is in very bad shape she need some one to give her medication to keep her from wandering out or getting lost she have no body else but I need my job and from what I see FMLA dont cover siblings or does it ??? please let me know thank you and God bless

  8. Caitlin Says:
    November 3rd, 2009 at 7:55 am

    Hi William! Unfortunately, you are correct, FMLA does not cover siblings. HTH, and thanks for reading the blogs!~ Caitlin

  9. Eric Johansen Says:
    November 23rd, 2009 at 9:20 am

    My wife needs to have major back surgery in 2 days. I will be responsible for taking care of her as well as my children. I have been at my employer for 2 years. Is this a qualified leave of absense.

  10. Caitlin Says:
    November 23rd, 2009 at 10:30 am

    Hi Eric! Yes, you probably qualify for FMLA. HTH, and thanks for reading the blogs!~ Caitlin

  11. Grandparents Custody Says:
    May 4th, 2010 at 5:02 am

    Thank you for a great post

  12. Caitlin Says:
    May 4th, 2010 at 7:20 pm

    Thanks for reading the blogs, Grandparents!~ Caitlin

Leave a Reply





  • [ Back ]

    • Spam Protection by WP-SpamFree

Home Ask a Question Archives

© 2008 HumanResourceBlog.com, All Rights Reserved