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???
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.