My sister is pregnant and due next month. She has worked for this particular company 1 year as of September. There are at least 50 employees of this company within 75 miles. Her employer is telling her that she can have twelve days off after a Cesarean Section. Is there any way that this could be legal? Please help. Jared

FMLA is, by definition, unpaid time. Are they telling her 12 days total or that she is only entitled to 12 paid days as part of her leave?

If she has worked there 1 year, has worked 1250 hours in the past year, and the company has 50 or more employees within 75 miles of her job site, then she should be entitled to 12 weeks of unpaid leave with job protection. If the employer does not undertand how FMLA works, she may wish to contact the U.S. Department of Labor which oversees FMLA rights.

Yes, it is possible that this is legal. But we don't have enough information to say for certain.

How long has your sister worked for this employer? How much time off has she already taken?

Thanks to everyone that helped. My sister is going to get he desired time off after giving birth. So you all gave us wonderful advice!