Okay, here is the whole break down I hope I dont forget anything.
Back in July 05 I had a baby girl stillborn and was off on FMLA. I didn't take the whole 12 weeks because I couldn't afford to take off that long. When I went back to work they put me on part time which I was fine with. Well I got pregnant again in Oct. 05( 3 months after the stillborn) and I am now due in July 06. I talked to my employer about my FMLA again and they said that since I came back as part time instead of full time that I am not eligable and since it had not been a whole yr. since the other FMLA leave that I was not eligable. But the problem I am having is that I didnt take the whole 12 weeks in the first place when I took it in July of 05 and actually it would be a yr. if my baby is due in July06. They say that the yr. has to be from the date when I came back. Can someone please help. I hope I explained it okay. Thanks

My condolences on the loss of your daughter. I hope this pregnancy is going well.

The FMLA requires that you have worked at least 1250 hours in the year prior to your leave. Between going to part time and the leave you took after your daughter's birth and passsing, you may have fallen below that limit, and as a result not be eligible for FMLA.

Hopefully, even if you are not eligible for FMLA, you will be able to work out something with your employer.

You should ask a couple of things of the HR department at your employer;

1. How do they calculate FMLA?

a.Calendar
b.Rolling 12 mos going back from leave taken
c.Fixed 12 month year by anniversary date
d.12 month period forward from leave that began.

That may determine eligibility and/or any time that may be left over from previous leave.

2. Once you get an answer to the first question, check your paystubs (hopefully you have them), or ask your payroll department for an accounting of your hours worked for the time between leaves.

That may help you.

you can go to:

http://www.dol.gov/elaws/esa/fmla/faq.asp