FMLA leave if you've been at the job less than 1 year

ncavitt

So, I just found out today that I may not be eligible for maternity leave under the FMLA act.  I have a call with our benefits team in half an hour to discuss this.  Anyone know if this is true? 

On a positive note, I was planning not to come back after leave anyway, however I need to go on leave in order to ensure I get my commission checks since I am in sales.

Anyone have any details on this?  Thanks!

RickeyandDani

To qualify for FMLA you must have at least 1250 hours on the books. That's what my HR told me. I"m just barely going to make that as long as I don't go off the books between now and the time LO comes. But your company may have a separate parenthood policy....especially if you are part of a union.

Nicole731

I think you have to have accrued a certain number of work hours to qualify for fmla. I don't know exactly what that number is, though.

lenaerickson

Oh yes, I had a post about this yesterday. You have to work somewhere for 12 months to qualify and I'm PISSED! Plus, they want to take me off of their health plan for that time period (understandable) but put me on COBRA which is like $600 a month! Are you effing kidding me?! Needless to say, I'm a little annoyed right now.

MrsAndie2006

At my company, you need to have been an employee for at least a year to receive any paid Short-Term Disability (STD) benefits associated with childbirth.  However, you still get FMLA leave (unpaid) if you have been here less than that.  This happened to my co-worker last year--the birth of her baby was something like 2-3 weeks shy of her one year anniversary with the company.  They refused to give her any paid leave under our STD plan, but allowed her to take 12 weeks unpaid under FMLA.  I suppose it could be different everywhere??

Shell24

Yes, it's 1 year AND you have to have worked at least 1250 hours over the course of those 12 months.   

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mejumpmore1

I had to have 1 full year in before FMLA. Fortunately I will have been here for 1 1/2 years + a little when the little one comes.

Good luck.

Tianacheron

MrsAndie2006:

At my company, you need to have been an employee for at least a year to receive any paid Short-Term Disability (STD) benefits associated with childbirth.  However, you still get FMLA leave (unpaid) if you have been here less than that.  This happened to my co-worker last year--the birth of her baby was something like 2-3 weeks shy of her one year anniversary with the company.  They refused to give her any paid leave under our STD plan, but allowed her to take 12 weeks unpaid under FMLA.  I suppose it could be different everywhere??

the STD stipulation can be different from company to company and state to state, but FMLA is federally mandated. your company may have let her take the 12 weeks unpaid, but she was not technically eligible for the protection that FMLA provides.

rcollier_17

This is what I've read, but my work is so cool that they're giving me all the time off I want/need despite only having been here since February. It's not paid, but it's still time off.

Mrs.Reem

You cannot start FMLA until you've been there a year but if you hit the one year mark at some point during your pregnancy it can start then.

You can take a leave without pay to get your commission check. It doesn't have to be FMLA. FMLA simply protects your job. Nothing more.

Squirrel29

You absolutely have to be there for a year for FMLA to apply - it is a federal law and there are no exceptions to that 1 year rule.  An employer can be more flexible or generous if they choose to be but then it would not be FMLA.

 As for not getting your commissions if you aren't on leave that shouldn't be allowed.  Each state is a little differant and I didn't look at where you are but generally you are entitled to payment of any earned but unpaid commissions due to you at the time of your resignation and for a certain amount of time thereafter.  You should check your local laws on that.

blessedinthewest

You are not covered under FMLA if you have not worked for one year. 

Your company may have some other form of leave available for you.

angie212

Yes, you need a year (and/or 1250 hours, I'm not sure exactly what the hourly requirement is.)  However, some employers may be willing to let you take the FMLA leave even if you haven't technically met the requirements; it is at their discretion.  My HR department let me take it with my first pregnancy, and I hadn't been there a year (and they are NOT generally very employee-friendly.)

naflmj

You don't qualify under FMLA if you haven't been somewhere for a year. Some companies will still grant you leave, just depends on the policy.

SamsMom91

MrsGarciatobe:

You are not covered under FMLA if you have not worked for one year. 

Your company may have some other form of leave available for you.

This. I was not at my job for a year when I had to take 14 weeks for DS1's birth (I had severe pre-e and HELLP Syndrome and had 2 weeks of issues prior to birth and then needed a full 12 weeks to recooperate). My job ROCKED, so they just let me take an unpaid leave of absence. I was required to burn through the vacation time I had on the books and then the rest was unpaid. Also, my company's policy during an unpaid leave was that I had to pay for my entire health insurance premium. That sucked, but it was worth it.