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When does my employer have to tell me I qualify for FMLA?

Chatsworth, CA |

My one year at the company isn't until June 26, I need to start taking my FMLA for baby bonding starting July 1st but when I asked they said I don't qualify, but did not provide the reason.
I have completed my 1250 hours and meet all requirements listed. I have been on PDL since Febuary 19th, and it expires June 22 but they said they will put me on personal leave until I return July 1st but I still wish to take my bonding time. Advice please?

Attorney Answers 2


It appears that you haven’t given sufficient factual information to answer your question about your right to a protected leave of absence. There are 3 laws in California that provide protection to women who are pregnant or have recently given birth: (1) California’s Pregnancy Disability Leave Law (PDL); (2) California Family Rights Act (CFRA); and (3) Federal Family Medical Leave Act (FMLA). Whether you qualify under one or more of the statutes depends on the size of the employer, your length of employment, the number of hours you worked, and the type of leave you require.

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When an employee requests FMLA leave, the business has five business days to either approve the leave or explain why the employee is not eligible orally or in writing. 29 CFR § 825.300(b)(1), (2)

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