How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalEagle1 Your Own Question
LegalEagle1
LegalEagle1, Attorney
Category: Legal
Satisfied Customers: 790
Experience:  Practicing attorney licensed for over 25 years.
58185682
Type Your Legal Question Here...
LegalEagle1 is online now
A new question is answered every 9 seconds

What are the legal requirements for a person that has taken

This answer was rated:

What are the legal requirements for a person that has taken maternity leave? Does the type of delivery (vaginal, or cesearan) determine how long? And, if it was a high risk pregnancy also effect the length of time away from the work place?
Hello and welcome to JustAnswer. I would like to assist you with you question today.


Are you asking this question seeking the requirements for the Family Medical Leave Act or some other context?
Customer: replied 3 years ago.

This question is basically focused at the Family Medical Leave Act.

What are the legal requirements for a person that has taken maternity leave?

 

The FMLA applies to all:

1) public agencies, including State, local and Federal employers, and local education agencies (schools); and,

2) private sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year - including joint employers and successors of covered employers.


To be eligible for FMLA leave, an employee must work for a covered employer and:
have worked for that employer for at least 12 months; and have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and, work at a location where at least 50 employees are employed at the location or within 75 miles of the location.

A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave in a 12 month period for one or more of the following reasons:

1) for the birth of a son or daughter, and to care for the newborn child;
2) for the placement with the employee of a child for adoption or foster care, and to care for the newly placed child;
3) to care for an immediate family member (spouse, child, or parent — but not a parent "in-law") with a serious health condition; and
when the employee is unable to work because of a serious health condition.

Leave to care for a newborn child or for a newly placed child must conclude within 12 months after the birth or placement. (See CFR Section 825.201)

Spouses employed by the same employer may be limited to a combined total of 12 workweeks of family leave for the following reasons:
1) birth and care of a child;
2) for the placement of a child for adoption or foster care, and to care for the newly placed child; and,
3) to care for an employee's parent who has a serious health condition.

Does the type of delivery (vaginal, or cesearan) determine how long?

No - you can take up to 12 weeks for the birth of a child under the FMLA regardless of the type of delivery.

And, if it was a high risk pregnancy also effect the length of time away from the work
place?


No - you can take up to 12 weeks for the birth of a child under the FMLA for the birth regardless of the risk associated with the birth.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
LegalEagle1 and 8 other Legal Specialists are ready to help you
Customer: replied 3 years ago.


I greatly appreciate this thorough answer. It will help in the decision making process pertaining to this employee. Thanks, XXXXX XXXXX D.D.S.

You're welcome Please be sure to rate my answer with three or more stars so that I receive credit for my work.
I enjoyed answering your question a few days ago. I just wanted to contact you to see if you needed any further assistance.

Also if you have not yet rated my answer, please do so. This the way I receive credit for my work.

Thanks.

Related Legal Questions