Q: Can the employer count my time on maternity leave or pregnancy disability leave as FMLA leave? Can my boss really do that?
A. Yes. At the time of this post, pregnancy disability leave or maternity leave for the birth of a child would be considered qualifying FMLA leave for a serious health condition. The employer may count the leave toward the 12 weeks of leave so long as the employer properly notifies the employee in writing of the designation, according to the US Department of Labor.
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.
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