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Attorney Answers: My Job Says That I Don’t Qualify For FMLA Leave. What Do I Do?

On Behalf of | Dec 31, 2013 | Family Medical Leave Claims |

Employment Lawyer Answers: Does my job have to give me medical leave? Do I get my job back after medical leave? Do I qualify more FMLA leave?

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If you are expecting to expand your family in the near future through adoption or the birth of a little one, you are probably going to want to take some time off work for the big day, and a little bit of bonding time afterwards as well. Thanks to the Family Medical Leave Act (“FMLA”), many employees can take time off to welcome their new child to the family with the assurance that their job will be waiting for them when they get back.

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The FMLA is a federal law that requires employers to give employees (male and female) up to 12 weeks of unpaid leave after the birth or adoption of a child. It’s important to note that, if you and your partner work for the same employer, you’d be entitled to 12 weeks total, not 12 weeks each. Also, if you take FMLA leave, the law protects your job by requiring your employer to return you to the same or a similar position when you go back to work.

As great as this law is, the FMLA unfortunately does not apply to all employers or all employees, and there are exceptions that may apply to you or your job:

  • If the company that you work for employs less than 50 employees within a 75 mile radius of where you work, your boss is not required to comply with the FMLA of give you medical leave.
  • There is also a requirement that employees have to work enough hours to qualify.  Specifically, you need to have worked more than 25 hours per week for at least 50 weeks, or you can lawfully be denied FMLA leave.
  • Also, if you are one of the highest paid workers at your employer and your boss can show that giving you medical leave would cause the company significant financial harm, then FLMA says you can get FMLA leave, but you would not be entitled to get your job when you return. In this case, taking FMLA would be a risky move.

Even though there are exceptions to the FMLA, they are just that, EXCEPTIONS. If your employer is denying your request for FMLA leave or saying you do not qualify, don’t take their word for it. Speak to an employment attorney right away.

If you feel that you are being denied leave rights under the Family Medical Leave Act (FMLA), you should call the right attorney as quickly as possible to schedule a free and confidential consultation. The phone number for FMLA help is 866-797-6040. While you focus on your family medical needs, let our FLMA attorneys focus on your medical leave rights.


The materials available at the top of this medical leave page and on this employment law website are for informational purposes only and not for the purpose of providing legal advice. If you are still asking, “how do I …”, “what should I do when …”, “can my boss…” or “is my employer allowed to…”, your best option is to contact an Ohio attorney to obtain advice with respect to FMLA questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of Spitz, The Employee’s Law Firm, Brian Spitz, or any individual attorney.

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