Working Moms

FMLA Question - NJ

Hello Everyone!

I am not pregnant (yet!) but my hubby and I have decided we are ready to start the journey!  Very exciting time for both of us! 

I am going off the pill in January (my OB already put me on prenatals to get my body going since I have been on the pill for 10 years).  I am starting a new job in October.  I was laid off from my position with this company in June 2009 after being there for a 1 and 8 months - they have offered me another position which I gladly accepted.

My question is - since I was with the company for 1 year and 8 months previously, would I still qualify for FMLA if I got pregnant sometime next year?  Several websites I have read say that the 12 months to qualify for FMLA doesnt have to be consecutive to qualify. 

Anyone have any experience with this?

I feel like maybe I should wait to start trying for a baby but if I keep putting it off because of new opportunities, other people weddings, etc - I will never have a baby!  I am already a nervous, Type A person and this is the first time in my life where I want to let go and relax. 

 

Re: FMLA Question - NJ

  • It doesn't seem like it would matter much, since you probably won't have the baby until you've been back at the company for a year.

    You're right that the 12-month requirement doesn't have to be consecutive, but it's not the only requirement. In the 12 months immediately preceding your leave, you have to have worked for the company for at least 1250 hours (not quite full time). The company also has to have more than 50 employees to fall under FMLA requirements, so if it's a smaller company you could be out of luck, federally speaking.

  • You don't have to be there for 12 months before getting pregnant, just before giving birth, which if you start trying in January it means you'd be due sometime in early October. Therefore you have nothing to worry about. Although I do think that your prior experience with the company probably counts as well.
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  • What the prior posters said.

    Also, since you're in NJ you're entitled to leave under the NJ Family Leave Act, which begins the day your deliver (running concurrently with the remainder of your FMLA) and during that time, but after you are released by your doctor from short term disability, you can collect 66% of your salary under NJ Family Leave Insurance (you pay into it every pay check). 

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