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Expectant and Postpartum Moms
Reply to "PSA on DC FMLA"
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[quote=Anonymous][quote=Anonymous]I don't know if anyone can answer this question... But if I'm giving birth a few months before I become eligible for DC FMLA, does anyone know if that means I can take DC FMLA time exactly when I hit my one-year anniversary with the company? Is there any way the company could deny that, and would I still need to get a doctor to certify that I'm unable to work for that time? I was looking at the DC law and it looked like I should be able to take that time as long as the baby is less than 1 year old, but I'm just afraid that HR is going to be like "Well you already had your baby, so no you can't take it unless you have certification from your doctor that you medically need it."[/quote] 2. Eligible Employees To qualify for DCFMLA family and medical leave, an employee must have (1) been employed by the employer for at least one year without a break in service and (2) worked for at least 1,000 hours (an average of 19 hours per week) during the 12-month period immediately preceding the requested medical leave. Id. § 32-501(1). I guess it will depend on what defines a "break in service." If you're going out on STD for your maternity leave, they might count that as a "break." b. Family Leave Family leave may be taken for the birth, foster care placement, or adoption of a child or to care for the serious health condition of a family member. Leave for birth or adoption must be taken within twelve months of the birth or placement of the child with the employee. D.C. Code § 32-502 (2001). [url]http://www.dcbar.org/for_lawyers/sections/labor_and_employment_law/fmla01.cfm[/url][/quote]
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