Eligibility for Maternity Leave
To be eligible for maternity leave under FMLA you must have worked for your employer for at least 12 months During those 12 months you must have worked at least 1 250 hours This averages out to 24 hours per week over the course of one year However the hours do not have to be spread out uniformly In addition the twelve months do not have to be consecutive
You must notify your employer at least 30 days in advance if you need FMLA leave If thats not practical for example if your baby is premature you must tell your employer as soon as possible Visit the Compliance Assistance portion of the FMLA web site or contact the Department of Labor to make sure youre following the rules
Returning to Work
In most cases your employer cannot fire you for taking maternity leave under FMLA rules There are some exceptions including the following
If you tell your employer you do not plan to return to work after you have the baby
If there are layoffs at the company and your job is among those affected
If you have used up your FMLA leave time and are not able to return to work
If you have a highly paid salaried job that is considered key to the workings of the company However this applies only in limited circumstances
If you qualify for maternity leave and your employer refuses to grant it you can file a complaint For FMLA violations you have two years from the date of the violation If you can prove your employers action was willful you have three years to file Complaints may be filed with the Secretary of Labor or you can check your phone book for the nearest office of the Wage and Hour Division of the Employment Standards Administration U S Department of Labor and call for more information If your complaint is valid the Department of Labor will usually negotiate with your employer to obtain leave for youYou can also file a lawsuit on your own If you win you may be able to recover your legal costs from your employer Each state has its own regulations about medical leave including maternity leave To find your states maternity leave laws try your states Labor Office Youll find a list of links to of htm state labor offices at the U S Department of Labor site While some states post information on the web others simply offer contact information and youll have to call the office for more information It is worth taking the trouble to find out about maternity leave laws in your state Even if youre not eligible for leave under FMLA you might be eligible under state law
To be eligible for maternity leave under FMLA you must have worked for your employer for at least 12 months During those 12 months you must have worked at least 1 250 hours This averages out to 24 hours per week over the course of one year However the hours do not have to be spread out uniformly In addition the twelve months do not have to be consecutive
You must notify your employer at least 30 days in advance if you need FMLA leave If thats not practical for example if your baby is premature you must tell your employer as soon as possible Visit the Compliance Assistance portion of the FMLA web site or contact the Department of Labor to make sure youre following the rules
Returning to Work
In most cases your employer cannot fire you for taking maternity leave under FMLA rules There are some exceptions including the following
If you tell your employer you do not plan to return to work after you have the baby
If there are layoffs at the company and your job is among those affected
If you have used up your FMLA leave time and are not able to return to work
If you have a highly paid salaried job that is considered key to the workings of the company However this applies only in limited circumstances
If you qualify for maternity leave and your employer refuses to grant it you can file a complaint For FMLA violations you have two years from the date of the violation If you can prove your employers action was willful you have three years to file Complaints may be filed with the Secretary of Labor or you can check your phone book for the nearest office of the Wage and Hour Division of the Employment Standards Administration U S Department of Labor and call for more information If your complaint is valid the Department of Labor will usually negotiate with your employer to obtain leave for youYou can also file a lawsuit on your own If you win you may be able to recover your legal costs from your employer Each state has its own regulations about medical leave including maternity leave To find your states maternity leave laws try your states Labor Office Youll find a list of links to of htm state labor offices at the U S Department of Labor site While some states post information on the web others simply offer contact information and youll have to call the office for more information It is worth taking the trouble to find out about maternity leave laws in your state Even if youre not eligible for leave under FMLA you might be eligible under state law
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