I had my daughter in Aug 2008 was granted 6 weeks of paid maternity leave until Oct 2008 and was allowed to take 1 year off to care for my daugther. I am not officially scheduled to return until Oct 2009.

Just found out that I am pregnant again and due end of Sept. 2009.

Would I qualify for FMLA in Texas since pregnancy is considered a "serious health condition" if I were to return early...say in the middle of May 2009 up until I give birth? And would I qualify for leave of absence as well just as I did with my daughter?

You had to have actually worked 1,250 hours in the FMLA year previous to be eligible again. You would have to know what definition of "year" the employer is using (there is more than one); in any case, it's going to be very close if at all.

You do know that the employer has already been MUCH more generous than the law requires in extending such a leave of absence as you are on now, right?

Can you give me some examples of the different definitions for "year?" I have been employed since June 2004 and my daugther is the first time I have ever needed to take FMLA. I have worked from June 2004 up until August 22, 2008 would that qualify for at least the 12 weeks of FMLA?

Now that you mention it... a year for leave is extremely generous compared to other postings that elaborate on only receiving 12 weeks leave.

What would you recommend? My husband is currently in a well paying job should I just resign or speak directly to HR manager regarding my options?

From the DOL website:

Q: How is the 12-month period calculated under FMLA?

Employers may select one of four options for determining the 12-month period:

the calendar year;
any fixed 12-month "leave year" such as a fiscal year, a year required by state law, or a year starting on the employee’s "anniversary" date;
the 12-month period measured forward from the date any employee’s first FMLA leave begins; or
a "rolling" 12-month period measured backward from the date an employee uses FMLA leave.

You will have to ask your employer what year it uses, but if you are out for 13 months before your second child is born, I can't see how you'd meet the requirement to have worked 1250 hours in the year preceeding the need for FMLA leave.

I appreciate your reply and the important information. :)