Family Medical Leave Act

questions & answers

Question: I work for a large company and am going to have a baby October 18. My 1 year mark in the company will be November 17. Is there anyway I can take a "personal leave" or short term disability for a few weeks, and then in November file for FMLA ? Please advise. Thank you. (The personal leave would be for birth, the FMLA would be to bond and take care of a newborn)

Answer: For assistance with your specific situation, consult with a licensed attorney.  

A publication by the United States Department of Labor outlines the three federal acts that protect employees when taking time off work or requesting accommodations. The Family Medical Leave Act, Worker’s Compensation, and the Americans with Disabilities Act.  

The only act that your condition would likely be protected by is the FMLA.  

Whether or not you will be allowed to take a personal leave in addition to the FMLA is likely up to the policy of the company that you work for.  

The FMLA does not protect all employees. Instead, it protects only covered employees. To be covered by the FMLA, you have to meet all of the three following requirements:

•You work for a company that has 50 or more employees within 75 miles of your workplace; and,
•You worked for your employer for at least one year before taking the FMLA leave; and
•You worked at least 1,250 hours in that year (about 25 hours per week) (29 U.S.C. 2611(2)).

If you are a "covered employee" under the FMLA, you can take up to 12 weeks of unpaid leave in any 12 month period for the following three reasons:

•To recover from your own serious health condition that prevents you from performing the functions of your job.
•To care for a child, spouse, or parent with a serious health condition;
•    To give birth or adopt a child. Both mothers and fathers can take leave for the birth, adoption, and care of a new child (29 U.S.C. 2612(a)(1))

For the full text of the Department of Labor article, visit: http://www.dol.gov/odep/pubs/fact/employ.htm
For more information about the FMLA in Arizona, visit: http://www.azlawhelp.org/articles_info.cfm?mc=2&sc=13&articleid=48

Or visit: https://az.db101.org/az/situations/workandbenefits/rights/program2b.htm

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  • I work for a large company and am going to have a baby October 18. My 1 year mark in the company will be November 17. Is there anyway I can take a "personal leave" or short term disability for a few weeks, and then in November file for FMLA ? Please advise. Thank you. (The personal leave would be for birth, the FMLA would be to bond and take care of a newborn)

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