Can an employer put a time frame on the family and medical leave act as to when you can "use" the program?
Question Details:
I have been employed for 6 1/2 months at my current position and will be leaving shortly for maternity. I was told I can not take FMLA because I have not been with the company for 1 year.
William Corman / Bogatin, Corman & Gold
Answered 1 year ago
This attorney is licensed in California
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Your employer is correct. Under both California and federal law, an employee is not qualified to take Family/Medical leave until she has ben employed for at least 12 months. The major exception to this is if you are working under a union contract or the employer has written personnel policies allowing FMLA leave to be taken with less than 12 months employment.
