Has anyone given birth while unemployed then got a new job and taken leave with that new employer??? — The Bump
Working Moms

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

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.

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

  • meggymemeggyme
    Ninth Anniversary 5000 Comments 500 Love Its 5 Answers
    member
    edited July 11
    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.
    ME: 32  DH: 32 DD1: June '16 DD2: March ‘19 :::: Married since 2011 :::: USN Wife ::::
    chopchop25
  • 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. 
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