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Child birth before the end of waiting period for unpaid leave? [closed]

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Tuteehub
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User

( 6 months ago )

In the US, one organization's HR policy for leave states that one is eligible for unpaid leave for medical reasons, including child birth, for a period of up to 12 weeks. However, the waiting period until one can take such leave is 12 months. In other words you have to remain a full time employee for a year before you can take the leave.

What if a person needs to go on maternity leave to give birth before the 12 month period elapses? Do they have to quit to do so? Or am I misinterpreting the HR policy? Thank you in advance.

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User

( 6 months ago )

The Family and Medical Leave Act (FMLA) has certain requirements, including how long a person must be working before they are eligible. However, those are minimum requirements, and a company is allowed to be more generous.

If you find yourself in need of leave before you're officially eligible, your best best is to go to your manager or HR and ask. They may have a work-around or other ideas besides quitting. They may not. But it is company specific, and so asking your company is your best direction.

Also, there is still time to work, to add to that time worked. If you make yourself very useful in the next 6 months, they will be motivated to find a way to keep you, even if you haven't worked there a year before you need to take leave.

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