Can your employer approve you for FLMA if you haven't worked there for a year?

Question

Our baby is due this December. By that time I'll only have been at my current job for 10 months. I was at my previous job for years. My manager says I can be approved, but I'm not sure. So is it up to the employer whether or not to approve someone?

Answer 1

No, you must be with your employer for 12 months. However, they can approve you personal leave and you can collect short-term disability.

Q: Which employees are eligible to take FMLA leave?

Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles.

Answer 2

FLMA is available to all eligible employees which is an employee who has been working somewhere for 12 months or 52 weeks. Since you have only been there for 10 they technically don't have to consider you an eligible employee but if your manager says they will they most likely will. Check the company's handbook and talk to someone in HR. Good luck and congrats.

Answer 3

I would assume that it would be up to your employer whether or not they decide to allow you to keep your job if you are employed there for less than a year. I am in the same situation exactly... I started working here in February and my daughter is due in December. (10 months)

It is just set legally by the FMLA for employees of over 1 year.  

Answer 4

your employer will  make the decision being that you haven't been there a year i don't beleive they are legally obligated. but if you have been there ten months i'm sure they will not have a problem with you time off. but if your manager says you can be approved then it probably is already approved.

Answer 5

Well with FMLA most employers state you have to have 12 months of service and 1250 hours. I have only been at my current job for 6 months and I had to file short term disability because I did not meet the guidelines for FMLA. Call HR or your benefit department for more information and the choices you have available to you. Good Luck