Alabama FMLA laws.

Please excuse me if this is in the wrong forum. I couldn't think of where else to put it. Please move if necessary.

In Alabama maternity leave falls under FMLA (Family and Medical Leave Act) and gives certain requirements for qualifying for maternity leave. What I need to know is if I have to qualify for ALL requirements or just most? No site that I have looked at tells me (which leaves thinking I probably have to qualify for all).

The reason I ask is because in 5 months I will be having my child and have to recover from the c-section. I was told today that if they can't find a way to pick up my hours they will have to hire someone else and I will be let go. My previous pregnancy I was only out for 4 weeks, not 12. But in my previous pregnancy we had the people and the business to cover me. My boss is the only one willing to help pick up the hours but ONLY if the owner ups her pay for that time period that I am gone (which the way business is now I really am pessimistic about it).

Does anyone know anything about the FMLA requirements needing to be met completely?

Thanks for any help ^_^

My advice to you would be to contact your HR department where you work or an attorney. The odds of somebody here having all the answers about Alabama's FMLA law is very slim.

reply to post by calmbutwary


That's the thing, my HR person is my boss lol. I work at a privately owned hotel. I just figured I might find someone on here. We seem to have experts in like every field around here .

It's my 'belief' that you must meet these requirements...

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:

* for the birth and care of the newborn child of an employee;
* for placement with the employee of a child for adoption or foster care;
* to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
* to take medical leave when the employee is unable to work because of a serious health condition.

Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.

Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave. Dept. of Labor link

reply to post by LadySkadi


Yeah, I know the requirements I just didn't know if I had to meet all or most. I qualify for everything except the 50 employees. I'm trying to grasp at straws I guess. I've seen a lot of people I know struggling to find a job so I'm trying to find any way to keep mine haha.

reply to post by angrymomma


And... that is the catch. The 50 employees requirement is more for your employer, than you. If your employer has less than 50 employees, they are not required to adhere to FMLA laws... which means (yes) you can be let go if they so choose, you will not be protected.

*I am 95%, not 100% sure.

And just to add a little update:

I am in fact losing my job. *sigh*

FMLA is federal but many states have their own laws that must be followed, I would look into those because they are normally more in favor of the employee then the federal act.

You are probably out of luck though because for a small business this devastates them and sadly I side with them. It is the individuals choice to have a baby and the business shouldn't suffer or incur extra costs of hiring and training just to cover your decisions. It would also be unfair for them to find somebody who maybe does a better job then you and then need to lay them off to rehire you.

your best bet is to check your state laws, cross your fingers the new employee sucks and focus on having a beautiful new baby. Good luck


You should also qualify for unemployment btw and could possibly get a personal short term disability insurance that would help cover you pay.

[edit on 7-4-2010 by whoshotJR]

[edit on 7-4-2010 by whoshotJR]

reply to post by whoshotJR


My husband is really the one that is so steamed up about it. I talked to my boss and I understand sorta. This is a private business I have been at for more than 2 years and I've come to know most of the people here and I really don't want to do anything that could put their jobs in jeopardy, ya know? I really just want to find a way to keep my job, not cause a fuss.

I didn't decide to have a baby though . Happy surprise. But I understand lol. I decided to not prevent one haha.

Oh believe me, I'll be hoping the new employee will suck because I was told if that person didn't work out by the time I got better I could have my job back.