Since it seems we have quite a few HR people on here, let me ask you a question about my situation.
I am a first year teacher in Texas, so I have summers off. I am due on
July 24 and teachers start back to school on Aug 15, 2011.
My hire date was Aug 16, 2010. I do not want to start taking FMLA leave
until Aug 17, after my full 12 months of employment are up. (Basically work 2 days and then stay home)
I am being told by HR that because my baby is being born before the full
12 months of employment, I am not eligible for FMLA even though I will
not take any leave until after the 12 months have been fufilled.
In reading FMLA, it doesn't specify that the baby must be
born after 12 months of employment for eligibility, just that leave
cannot start until then. My understanding is also that my 12 weeks unpaid
leave can be any point in the 1st year after birth.
So who is right, my HR or me? As it stands right now, I only have 3 weeks of sick leave I can use, but that's it. If the baby come a week late, she will be less than 6 weeks old and I can't put her in daycare.
Re: S/O Maternity Leave Question
You know...I am an HR manager...and I would actually consult an expert on this question...here is my dilemma in answering...
It says for the birth and care of a newborn of an employee...part of me wants to say that since the baby is born before you are eligible then you cannot take it. But it says care of a newborn...so if you want to care for a newborn at the age of 4mo...I honestly don't know.
Sorry not to be more helpful
Here is a link to Department of Labor...I would contact them for a more specific answer
https://www.dol.gov/compliance/laws/comp-fmla.htm