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  1. #1
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    Sep 2016
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    Default When Do You Qualify for FMLA Leave

    A pregnant woman in California is going to give birth approximately eleven months into her employment with her current employer. She will have well over 1,250 hours of work performed by that time, and it will be a new calendar year, but she will not yet have twelve consecutive months of employment with the new job. Can she still get leave under the FMLA or under California's pregnancy leave law?

  2. #2
    Join Date
    Sep 2005
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    Default Re: When Do You Qualify for FMLA Leave

    Under both the Family Medical Leave Act and California's pregnancy leave law, she must meet both the 1,250 hours and the 12 months of employment requirements in order to qualify for protected leave. The employer may have a leave policy that applies independently of those legal mandates, so the employee should ask her employer about its policies.

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