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Do I qualify to be covered under FMLA?

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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.