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FMLA Attorney: How Do I Get Time Off After My Baby Is Born?

On Behalf of | Dec 23, 2013 | Family Medical Leave Claims, Pregnancy Discrimination & Maternity Rights |

Employment attorney answers: Can I get time off when my baby is born? How much time do I get off for maternity leave? I’m pregnant – what do I do about my job?

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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.

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.

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As great as this law is, the FMLA unfortunately does not apply to all employers or all employees, and there are exceptions that an employee should take note of, such as:

  • If your company has less than 50 employees working within a 75 mile radius of your workplace, your company is not required to comply with the FMLA.
  • If you have worked less than 25 hours per week for at least 50 weeks, your company is not required to give you FMLA leave.
  • If you’re one of the highest paid employees at your company and your employer can prove that your absence will cause the company significant financial harm, you are entitled to unpaid FMLA leave, but it would be at your own risk, since you might not be entitled to get your job when you return.

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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