Only 6 weeks of FMLA???

I recently had a baby on 11/8/2018. I told my employer I would be using NY Paid Family Leave for the first 8 weeks and would return to work after 8 weeks. However, I decided to use another 2 weeks of unpaid FMLA and told HR my new return date would be January 21. The HR dept told me that whatever date the dr put on the return to work form (6 or 8 weeks depending on type of delivery) is the date I’m required to return - meaning that I was required to return to work on Dec 24th or would have no job protection. I told her I was entitled to 12 weeks of FMLA and she is insisting I am wrong. What can I do? I have not yet returned to work but am anxious over my job protection.

1 answer  |  asked Jan 5, 2019 08:37 AM [EST]  |  applies to New York

Answers (1)

Charles Joseph
The Family and Medical Leave Act (FMLA) applies to all public agencies, all public and private K-12 schools, and companies with 50 or more employees.

In order to take FMLA leave, employees must have worked for their employer for at least 12 months (a minimum of 1,250 hours in the most recent 12 months).

Employees who would like to take FMLA leave must comply with their employer’s customary requirements for requesting leave. In general, employees should request leave 30 days in advance when they can anticipate the need for leave. For unforeseeable leave requests, employees should provide notice as soon as possible.

Employees may take leave under both the FMLA and the York State Paid Family Leave Act (NYPFL) for the same event, but employers can require employees to take their leave under the FMLA and NYPFL concurrently. However, the employer must notify the employee of this requirement before the leave starts.

You can read more about employee rights regarding medical leave at Working Now and Then, https://www.workingnowandthen.com/new-york-fmla-nyspfl/.

If you think your employer wrongfully denied your request for leave under the FMLA, you should contact an experienced employment attorney to discuss your situation.

This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.

posted by Charles Joseph  |  Jan 8, 2019 09:23 AM [EST]

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