When pregnant employee doesn’t qualify for FMLA leave

Q         A pregnant employee has applied for Family and Medical Leave Act (FMLA) leave but has only been employed with our company for about five months, so she doesn’t meet the one-year, 1,250-hours-worked criteria. Are we required to provide her 12 weeks of unpaid time off and job security? Also, since she doesn’t qualify for FMLA leave, what paperwork should we have her fill out?

A   Often, employees need to be away from work for extended periods because of family and medical reasons. The FMLA ensures eligible workers receive their necessary leave. As for the covered employers, the threshold question then becomes whether the worker requesting leave is considered FMLA “eligible.”

The FMLA entitles qualifying employees to 12 workweeks of unpaid, job-protected leave for specified reasons, including the birth of a child. To use the leave, they must have worked for the employer for at least 12 months and at least 1,250 hours during the 12-month period immediately preceding the leave.

If an employee requesting FMLA leave doesn’t meet the eligibility requirements, they wouldn’t be entitled to the unpaid leave and job security the Act promises. They may very well have access to leave under other state or employer policies, but not under the FMLA.

Because your employee would be considered ineligible for FMLA leave, one might suggest meeting with her to explore other scheduling options to accommodate her absence from work. This might include having her use vacation time if any is available, adjusting her hours, or allowing her to work from home.