{ "media_type": "text", "post_content": "Spinoff question... I know FMLA technically only covers you if you've worked for 12 months at your employer but has anyone actually had their employer say \"sorry you we only here for 10 months so you can take your two weeks of accrued vacation, after that we'll expect you back.\" ? Since FMLA is unpaid anyway, I would imagine most employers would at least let you have unpaid time off.", "post_id": "5ff87c482460700028cf1db5", "reply_count": 7, "vote_count": 2, "bowl_id": "5da60c126e5f0d001f32f497", "bowl_name": "Women in Law" }

Spinoff question... I know FMLA technically only covers you if you've worked for 12 months at your employer but has anyone actually had their employer say "sorry you we only here for 10 months so you can take your two weeks of accrued vacation, after that we'll expect you back." ? Since FMLA is unpaid anyway, I would imagine most employers would at least let you have unpaid time off.

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If the person has a qualifying disability under the ADA, the employee can usually request unpaid leave as a reasonable accommodation until they qualify for FMLA leave.

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I would say my previous company gave you some time but were very hostile about it and it wasn’t 12 weeks.

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You can try short term disability.

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Yes. As an plaintiffs employment lawyer I have seen this. Over and over again. Not to say that some employers don’t offer early coverage. But ADA (unpaid) leave or STD (paid) is more common.

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I had been with my employer for only 5 months when I had my daughter and was allowed 12 weeks unpaid.

I don’t think they have a choice when it comes to FMLA since it’s federal. But, I’ve never had an issue with maternity leave when employment was less than 12 months. For example: my first firm (I was a paralegal at the time), I got pregnant after only 1 month of employment (oops). I got 8 weeks paid. My current firm hired me when I was 6 months pregnant (now, lawyer). I technically got 8 weeks paid, but thanks to covid I’ve been home for a year. So, I think ultimately it depends on the firm’s policies. Most women I know that took FMLA leave did so because they had a complicated pregnancy or birth so they tacked FMLA onto their maternity leave. Some other firms do their maternity leave through a short term disability policy, which is complicated, but they are still able to provide coverage even if employment is less than a year. I don’t know any woman attorney that ended up without some kind of paid leave regardless of length of employment. Basically, check your employee handbook (if you have one) and talk to your HR or management. See what can be done.

I would not assume that at all

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