H&Fer with FMLA question

[tuggyruns]

Hi there- lurker here from H&F- hope you don't mind me dropping in with a question.


Does anyone know how FMLA works in detail as far as how long you have to be at your job before you qualify? I know it's 12 months but are there any loopholes or exclusions such as pregnancy as a "pre-existing condition"?

EX: if you are at your job for 3 months, get a BFP, technically (if all goes well), you would be at your job for 12 months by the time you actually need to use fmla. Are there any restrictions on this? 

FWIW- I don't plan on doing this, but just like to know my options. 


TIA for the advice.

[ginkgoleaf]

Yes, you're correct, you'd need to be there at least 3 months before getting pregnant, and preferably more in case you have a preemie so that you'll be there a full year before fmla.

[tuggyruns]

Jul 9, 2014 21:10:37 GMT -5 ginkgoleaf said:

Yes, you're correct, you'd need to be there at least 3 months before getting pregnant, and preferably more in case you have a preemie so that you'll be there a full year before fmla.

Thank you! 

[carifly]

To be eligible, you need to have worked at your employer for 12 months (does not need to be consecutive) and you must have worked 1,250 hours during the prior 12 months. (Assuming your employer is large enough to be subject to FMLA).

There aren't restrictions like there is for short-term disability treating pregnancy as a pre-existing condition, but if you had to use FMLA leave during pregnancy (say you had to be on bed rest) you'd need to have already met the 12 month/1,250 hour requirement.

www.dol.gov/whd/regs/compliance/1421.htm

[jessnpaul]

Jul 9, 2014 21:10:37 GMT -5 ginkgoleaf said:

Yes, you're correct, you'd need to be there at least 3 months before getting pregnant, and preferably more in case you have a preemie so that you'll be there a full year before fmla.

Yes this. We pushed off TTC as I started a new job at the end of 2010 so we waited well into 2011 before we started trying. Which is a good thing, as I went out on bedrest at 22-ish weeks and B was born at 32 weeks, so you just never know!

[tuggyruns]

Great points! We're definitely waiting, but I just always like to know the facts! Someone told my mom that pregnancy could be a "pre-existing condition". I.E. If you were already pregnant before you hit 12 months that you couldn't utilize FMLA. That just didn't make sense to me.

Thank you all for being so helpful!

[Deleted]

12 months on the job as long as your employer is required to give FMLA. Check with your benefits people.