Has anyone given birth while unemployed then got a new job and taken leave with that new employer???

knottieaedcbe112c0bea9c

I can't seem to find this exact scenario written about anywhere online.  I'd like to understand if state leave or FMLA apply to this situation, in this order:

1 - Unemployed and give birth

2 - 3 months after birth, I get a new job at a new employer

Do I qualify to take FMLA or a state's mandated leave, even though I have already had my baby, before I ever worked at this new company?  Or do I have to give birth on that company/job's watch, to qualify for any leave?  Has anyone been in this situation before - what did you do?  I know, there are minimum durations required to work at said company before qualifying to take any federal or state leave, so assume I will work that duration before requesting leave.

Thanks.

meggyme

knottieaedcbe112c0bea9c said:

I can't seem to find this exact scenario written about anywhere online.  I'd like to understand if state leave or FMLA apply to this situation, in this order:

1 - Unemployed and give birth

2 - 3 months after birth, I get a new job at a new employer

Do I qualify to take FMLA or a state's mandated leave, even though I have already had my baby, before I ever worked at this new company?  Or do I have to give birth on that company/job's watch, to qualify for any leave?  Has anyone been in this situation before - what did you do?  I know, there are minimum durations required to work at said company before qualifying to take any federal or state leave, so assume I will work that duration before requesting leave.

Thanks.

You have to be employed with a company for 1 year to be eligible for FMLA and most state programs require you to pay into it as part of your income taxes and will require something similar.

lovesclimbing

I'm not sure what you mean by state leave. As far as FMLA, no, as meggyme said. And what's the point? FMLA is unpaid. The only way you would be paid during your FMLA is if you take any PTO concurrently. You wouldn't have any accrued yet.