Employment Law Questions? Ask an Employment Lawyer.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.
You are able to take time off from work due to medical issues. However, there are limitations to how much time that you have under the FMLA. That law only grants 12 weeks of medically related leave per year (not per incident). I am concerned that you used all of the available leave you had when you took time off for the medical issues related to your pregnancy and then after the birth. You would have to ask your employer how much FMLA qualifying time you took off and how much you have remaining.
If you have no FMLA leave remaining, you can still argue that the time can be extend for a short period of time due to disability. Mental health issues qualify for ADA protections. You will have to work with your employer on this issue first though.
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