What to do if I am planning to take maternity leave and I want to take the full 12 weeks under FMLA but my employer will only allow me to take 6 weeks?

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What to do if I am planning to take maternity leave and I want to take the full 12 weeks under FMLA but my employer will only allow me to take 6 weeks?

The company has more than 50 employees all within 75 miles and I have worked over 1250 hours in the past 12 months.

Asked on March 12, 2012 under Employment Labor Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what  you write, your employer is covered by FMLA (enough employees) and you are eligible under it, too (sufficient hours). That being the case, your employer has no say in the matter--if you and it are both covered, it has to let you take up to the full 12 weeks. The only exception would be if you have already recently used some of those weeks for other medical or family leave purposes--you are entitled to up to 12 weeks per year, not 12 weeks per occasion or occurence.


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