My husband and I are considering planning a first pregnancy this year, and I will be graduating in nursing school in May. I plan to begin working immediately as an RN. I know that FMLA would allow me to take 12 weeks off from my new job if I had been there a year, but unless I delay getting pregnant significantly, I may find myself due before I've spent a year in the new position.

Someone told me that Virginia state law allows you to take 3 months leave (without pay) and still have your job upon return, but I don't know if this is true. Money is not the big issue - leave without pay would be fine, but I would not want to lose the job. Can someone set me straight on the laws in Virginia for this situation? Thanks in advance.

Virginia does not have a separate state law for family leave. If you work for an employer that qualifies for FMLA (50 or more employees within 75 miles of your job site), then you will be eligible for 12 weeks of unpaid leave under FMLA after you've complete a year of work (with more than 1,250 hours in that year).

Some employers have maternity (or parental) leave policies for employees who do not qualify for FMLA, so you may want to ask to see the personnel handbook when you are interviewing at different jobs to see if any of your potential employers have this.

Also, if your new employer allows nonpregnant employees to take time off for temporary medical conditions, it needs to extend that same leave to you for maternity leave (as long as the company has 15 or more employees).

Good luck!

--Cynthia
www.worklifelaw.org

**The foregoing is offered for educational purposes only and does not constitute legal advice.**