My employer is denying me FMLA for my baby

I took FMLA for the birth of my son. In May 2007 (5 months pregnant) I was put on bedrest due to having preterm labor. I was off on FMLA from May 14 until October 8th 2007. Around August 1st I recieved a letter from my employer stating that if I didn't return to work by August 10th I would be terminated. I was still pregnant so I called and they said it was just a formality to let me know my FMLA was about to expire. That I had to call in each week with updates and that it was just a leave of absence instead of FMLA. That my job was no longer protected. My son was born on August 23 and only has one kidney. On the 1st of May 2008 I asked for FMLA papers for my son "just in case something happens with my son" (He has an appointment with his Nephrologist in June) I was informed that I wasn't eligible for it because I used twice as much time allowed for FMLA. That they couldn't tell me when I would be eligible until October. I just want to know if you can use too much time like they said I did and if there is anything I can do?

1 answer  |  asked May 5, 2008 1:53 PM [EST]  |  applies to Ohio

Answers (1)

Neil Rubin
can FMLA leave be extended?

Dear Cheryl,

The FMLA statute allows for up to 12 weeks of non-paid leave per year. If you used up all the FMLA leave for yourself, it is true that none is available for the care of your child.

What is not clear is how your employer is calculating the leave and when it resets. In other words, what is the employer's policy when it determines what the yearly start date is -- from the time you were hired, the calendar year or some other calendar date.

I suggest you pin down all this information from your employer. They need to tell you now.

I am sorry I could not be more encouraging.

Take care,

Neil Rubin

This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

posted by Neil Rubin  |  May 6, 2008 5:18 PM [EST]

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