With less than 12 mos. employed am I entitled to FMLA for newborn if I wait until 12 mos. w/company?

Since the entitlement to take FMLA for the birth of a baby expires 12 months after the birth of the baby, can I take a leave under FMLA to care for my newborn, if I do not attain 12 months of employment until 3 months after the baby is born? I have worked in excess of 1250 hours, and would not start the leave until after the 12 months of employment.

1 answer  |  asked Jun 21, 2001 2:33 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
What a good question! Yes, you are entitled to leave.

Congratulations on the upcoming arrival of your child. You are eligible for leave upon reaching the 12 month/1250 hour mark. At that time you can take leave for a specified number of events, one of which is the birth of your child. You are entitled to take this leave at any time during the 12 months following the child's birth. Therefore, you can return to work, become eligible, and then take your leave.

The interesting question will be what to do with the time that you necessarily take off for the birth of the child. In Ohio, you are entitled to take up to six weeks off for maternity leave, regardless of the amount of time that you have been at work. Can that time be counted against your 12 weeks, once you qualify? If it could, would you be interested in taking 18, unpaid weeks off?

As a practical matter, there is little downside to working through this issue with your employer. Decide what you want to do and propose it. If you get aggressive,like by asking for 18 weeks, expect your employer to object. At that point, decide how badly you want the time off and then contact me to formulate a response to your employer.

I hope this helps.


posted by Neil Klingshirn  |  Jun 22, 2001 12:56 PM [EST]

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