QUESTION
Can a company offer FMLA to a worker before 12 months?
Asked on Nov 05th, 2014 on Labor and Employment - Illinois
More details to this question:
I changed jobs last april and found out in june that i was pregnant. i am due approx 4 weeks before my year anniversary. Do I have any legal rights as an employee with a good employment record? I am being told I will have to resign when the baby is born then reapply for my position when i am ready to return. I will lose all my time in, my insurance and will again have to wait the 60 days for my benefits to begin when and if they rehire me back.
1 ANSWER
4 Awards
You are not legally entitled to FMLA until you have been there for 12 months. However, there is no reason why youi have to resign or why the company would treat you as a new employee when you return to work. The company must treat your absence the same way they treat any other leave of absence or medical leave of absence for other employees. Otherwise, it can be argued that they are engaging in pregancy discrimination. Ask the company for a copy of his employee handbook and copies of its written leave and medical leave of absence policies. You may then want to consider meeting with an employment law attorney to further explore this matter.
Answered on Nov 05th, 2014 at 12:23 PM