I was approved for FML in May for my pregnancy (due in DEC)

I was approved for FML in May for my pregnancy (Due in DEC) and i have taken several days off. I recently inquired how many hours i had available to me, at this time, i was instructed I have taken too much time off and they need to know details of my pregnancy of why I have been off. I find it invasion....can they ask me for this after it has already been approved just because THEY feel I have been off for too many days?

2 answers  |  asked Aug 26, 2009 1:56 PM [EST]  |  applies to Pennsylvania

Answers (2)

Harold Goldner
You have been approved for FMLA due to your impending childbirth beginning in December, not beginning NOW. Your leave request now is not the same thing, and your employer is within its rights seeking an explanation.Also, keep in mind that the entitlement to FMLA requires that you (1) be employed for at least a year; and (2) work at least 1250 hours during that year, so if the time you are missing now takes you under 1250 hours in the prior year, you may jeopardize that previously approved leave. That assumes, of course that your employer has at least 50 employees.By the way, absence and attendance issues are frequently the #1 reason people lose their jobs. Just because you have been approved for FMLA for one issue (childbirth) does not mean you have a license to miss as much time as needed due to pregnancy.

posted by Harold Goldner  |  Aug 26, 2009 2:15 PM [EST]
Christopher Ezold
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, FMLA leave is 12 weeks of unpaid leave from which you have a right to return to the same or a substantially similar job. If you took leave in May, your leave would be up this month. Your employer does not have to take you back from leave if you are out beyond the 12 week period. The employer may be asking for information for short-term or long-term disability leave (if it is provided). Without seeing the request and knowing more, I can only say that staying out over 12 weeks will likely lose you your job.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted by Christopher Ezold  |  Aug 26, 2009 2:10 PM [EST]

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