“Was I Denied FMLA for Maternity Leave Due to Lack of 12-Month Employment or Interstate Move? Seeking Clarification from HR Experts! #FMLA #DeniedFMLA #MaternityLeave #EmploymentEligibility #StateResidency #HRExperts”
### Background:
– Worked for company for 3.5 years
– Laid off in 2020 due to Covid
– Returned in July 2023, became pregnant in September
– Passed required 1,250 hours
– Moved from WI to Illinois in the last 2 months
### Questions:
1. Is denial due to not working a full 12-month calendar despite previous employment?
2. Is denial because of relocating to a different state?
### Seeking Validation:
– Communication with HR has been challenging
– Looking to understand reasons for denial
Seeking insights and advice from HR professionals and FMLA experts. Your input is greatly appreciated! #HRInsights #FMLAHelp #MaternityLeaveAssistance #HRCommunity #FMLAExperts
Almost certainly the 12-month requirement.
What was the reason listed on the denial?
It shouldn’t be the 12 months, which are counted non-consecutively, in the last 7 years. Your 3.5 years are enough. You should have received a designation notice with the reason.
https://webapps.dol.gov/elaws/whd/fmla/6i.aspx#:~:text=The%2012%20months%20do%20not,as%20a%20week%20of%20employment.
EDIT: How many employees within 75 miles of your location, including your location. More or less than 50?
Honestly, you will want to ask for further information about the denial. If you have worked 12 months within the past 7 years for this employer, you meet the service month requirement.
Are there 50 employees within 75 miles of where you work? That’s also a requirement for FMLA.
Didn’t you already post about this yesterday under another user name? The answers are going to be the same. You need to print out the info from the dol and discuss it with them.
The requirements of your employer are to have 50 or more employees within 75 miles reporting into one location. If there are multiple locations you may not qualify. If there are employees working remote, the requirement is still 50 employees within 75 miles of that same reporting location, and then those working remotely outside of 75 miles would qualify. 75 miles is not a radius or “as the crow flies.” It must be within 75 miles driving distance.
[You also must meet FMLA guidelines.](https://www.dol.gov/general/topic/benefits-leave/fmla)