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shoebottom
05-25-2006, 06:20 PM
I work for Wal-Mart as a cashier and we have personal and medical leave. (is medical and maternity leave considered the same thing) I want to take six weeks off before and eight weeks after. Can I split my time up between personal and medical leave? I have six months of personal leave and 12 weeks FMLA. The problem is there are four other girls pregnant and we all are due within two months of each other. All the others are cashiers too. I am afraid that they will not let me because I am due the last of all of them. And because it is the busiest time of the year for them. I am the only one that will be breastfeeding and that is why I want two months after. The month before is to prepare myself, relax, and make sure anything is done; this is my first. My job will require me to be on my feet for eight hours a day, with heavy lefting repeatly throughout the day. My doctor will more than likely sign papers for me to leave early if I need to. I have endometriosis, which gives me cramps really bad. By Mississippi law how much time am I given before and how much after? Is it any extra time besides the 12 weeks. I also want to know if I am put on bed rest is that counted as part of my FMLA time or not?

Thanks
Ashley :confused:

cbg
05-25-2006, 06:47 PM
Under the law you are entitled to 12 weeks of FMLA. That's it. Anything over and above that is determined by company policy. Your state has no mandated medical or maternity leave, and the 12 weeks of FMLA is the maximum required by Federal law. I'm not saying the company can't decide to give you more; they can, and many do. But the 12 weeks of FMLA is your sole legal entitlement.

How much time you can take before and after is determined by a number of factors. But you don't get to just decide, I want to take this much time before and this much after, and be guaranteed of getting it. Under FMLA, if you have a condition that qualifies under FMLA, as long as you give them the required medical documentation within 15 days of their request, they are required under the law to give it to you. But for any time not medically necessary or covered under FMLA, it's up to them how much you can take when

ANY time you take off for the pregnancy; bedrest, doctor's visits, prenatal visits, etc., counts towards the FMLA.

shoebottom
05-25-2006, 07:19 PM
so they can allow me to use my personal time if they want to, correct?

Pattymd
05-25-2006, 07:24 PM
They can allow you to use your personal leave or they can require that you do. Leave is PAID time. FMLA is job protection time. They are not mutually exclusive and many employers require that you utilize some or all of your paid time off concurrently with FMLA.

shoebottom
05-25-2006, 07:31 PM
Our personal leave is unpaid, we have personal hours that we can use that is paid. So all of my time off would be unpaid.

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