Help maternity FMLA being denied

[aspengal]

What is the name of your state (only U.S. law)? Illinois

I am a full time employee of this company and I went on leave without pay for health reasons Aug 16 2007. I was an employee of the company during the kleave period, just not paid. I then fell pregnant and delivered a baby on May 11 2008. I awailed FMLA, they denied it saying I was out of work (though I was an employee) for more than 12 weeks. Is this fair? Does the law state this?

I read the FMLA guidance that I should have worked for 1250 hrs last 12 months prior to applying FMLA. If I apply for FMLA from April 11th 2008 for 12 weeks, then I do meet this criteria.

What do I do with the employer? I feel cheated.

Help!

Thanks a bunch

 

[ecmst12]

FMLA gives you 12 weeks of unpaid, job protected leave per rolling 12 month period. So if you were out for 12 weeks in Aug 07, you would not be entitled to take any more leave until Aug 08.

 

[cbg]

It takes more than just working 1,250 hours to qualify. ALL of the qualifying criteria must be met, not just the hours requirement.

And the above post is correct; it's 12 weeks per 12 month period, not 12 weeks per illness/injury. If you've already had 12 weeks of FMLA within 12 months, you are not eligible for any more.

 

[aspengal]

Thanks for ur responses. I understand what you mean, but my Aug 2007 leave was not FMLA. I have not availed FMLA for the last 12 months, my issue is I was just unpaid but an employee of the company. Am I eligible for maternity FMLA? I have been an employee since 2000 till date. I would like to know if I can avail Maternity FMLA while I was on an unpaid Non FMLA leave? Pls. do let me know.

Thanks a bunch

 

[ecmst12]

If you took unpaid leave for medical reasons, it WAS FMLA. Whether you asked for it to be or not. They COULD NOT have terminated your employment before 12 weeks were up, without violating the law.

 

[cbg]

If you, the employer and the medical condition all qualify for FMLA, your employer is required by law to make the leave FMLA whether you want them to or not.

Barring a bona fide contract, policy, CBA or state law that specifically says otherwise (Illinois does not have one) the MAXIMUM amount of time your employer is required to give you is 12 weeks per 12 month period. There are NO circumstances, other than the above, where you are entitled to any more. No matter how many medical conditions you may have or how many doctor's notes you get.