I am 35 weeks pregnant. I have been with my company since October 2nd. I found out I was pregnant on October 29th with an estimated conception date of October 2nd (I guess I was a little excited about my new job).

In any event. I am scheduled to take my leave on or around the 29th of June. This is my first baby, and I'm not sure how i'm going to feel about coming back to work yet.

Should I decide during my FMLA leave that I do not wish to return to work, can my employer revoke my FMLA?

Also, if I decide prior to going out on maternity leave that I would not plan on coming back to work, would I still be eligible to take my FMLA for 12 weeks?

There are several criteria to consider before deciding if you're even eligible for FMLA:

1-How many employees does the company have within a 75 mile radius?

2-Have you worked for the company for 12 months?

3-Have you worked 1250 hours for this company in the last 12 months?

We know for sure that by June 29th you will not have been there for 12 months, so by that we know you are not eligible for FMLA.

Is there some other leave of absence your employer provides? What would another employee in a similar situation receive in regards to time off? cbg is from MD and I'm sure she'll be around in a while to further assist you.

Since you are not eligible for FMLA, they are not required to hold your job for 12 weeks. No employer can revoke FMLA, though.

cbg isn't from Maryland; Elle and I are. But no, Maryland does not have a state equivalent of FMLA, if that's what you were asking. But Julie is correct; there is nothing TO revoke. You haven't been there long enough to qualify for FMLA leave.

FMLA doesn't apply and as Patty pointed out, there is no state equivalent. You get as much time off as your employer would grant for anyone else with similar seniority and situation who needed leave for a medical reason. No more, no less. If you opt not to return to work, yes, they can revoke the rest of your leave as FMLA does not apply.

cbg isn't from Maryland; Elle and I are. But no, Maryland does not have a state equivalent of FMLA, if that's what you were asking. But Julie is correct; there is nothing TO revoke. You haven't been there long enough to qualify for FMLA leave.

*sigh* you're right, she's from MA... Excuse me while I screw my head on correctly. ;)