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abg
02-25-2006, 01:28 PM
I am just about 6 months pregnant, I have worked for my current employer since October 2005. Last month, Jan 2006, my boss told me I was eligable for 12 weeks of leave, six of wich the company would pay me for, because I had worked there less than a year. I have to say I am not loving my job right now, I am on the road in my car for 6-7 hrs a day anyways, let's just say not the most ideal working conditions for someone who is pregnant. My question is this, I would like to tell them this week (March 2006) that I will be starting my leave in 2 weeks, can I do that? Am I able to start my 12 weeks whenever I want? Also legally, can they ask me for a return date, because to be honest I don't have any clue when I will be returning. I just want to make sure I am educated when I go to talk to them to protect myself and my rights. Thanks

cbg
02-25-2006, 01:40 PM
You have not worked for the company long enough to be eligible for FMLA, so any leave you take is going to be up to the company. You can start your leave at whatever time you and your employer mutually agree to start it. Your leave will NOT be protected under the law except as is covered by the Pregnancy Discrimination Act and your job is NOT guaranteed upon your return except for the same qualification. (Under the PDA you get treated exactly the same as if you were not pregnant, which means you are entitled to the same amount of time off and the same job protections as would be offered to any other employee who did not qualify for FMLA and who had a non-maternity condition,) There is nothing illegal about them asking for a return date; there is no law requiring that you give them one immediately.

abg
02-25-2006, 01:53 PM
Thanks for the info that answers my question.

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