Do I Qualify for FMLA if I’m Pregnant?

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If you’re pregnant or have recently given birth to a child, chances are, you’d like to take some time off work, either to spend time raising your child or to prepare for giving birth. Many mothers or mothers-to-be wonder whether they will qualify under the Family Medical Leave Act (FMLA) either during or immediately after pregnancy. Please continue reading and reach out to our experienced Chesterfield County FMLA attorney to learn more about whether you will qualify and how our firm can help. Here are some of the questions you may have:

Will I qualify for FMLA if I’m pregnant?

Pregnancy, as well as raising a baby shortly after childbirth, are both covered under FMLA. That said, simply being pregnant or having a child is not enough to qualify. Only employees who work for companies with 50 or more employees who live within a 75-mile radius of the company and who work for at least 1,250 hours in the last 12 months will qualify. That said, if you meet these criteria, you should be entitled to up to 12 weeks of family medical leave.

Is FMLA paid leave?

Unfortunately for employees, employers are not required to pay them while they are out on family medical leave. However, in some cases, employers will do so anyway. The primary benefit of qualifying for FMLA is that you can take 12 weeks off of work without having to worry about your position being terminated or offered to another employee. With few exceptions, the law states that anyone out on family medical leave is guaranteed their position, or a substantially similar one, upon their return to the workforce.

That said, if you recently returned to the workforce and found that your employer had terminated your position or gave it to another employee, you should strongly consider speaking with a seasoned Midlothian employment attorney. Our firm has experience handling matters related to FMLA, and we are here to put that experience to work for you. For any additional questions, give us a call today.


At Passero Employment Law, we understand it is difficult to confront problems in the workplace or face litigation. With that in mind, we take a solutions-oriented approach to our representation – focusing on the right process and the right solution for each of our clients. If you need help with an employment law matter in the state of Virginia, you can count on Passero Employment Law to effectively represent your interests. If you would like to discuss your matter, please contact Passero Employment Law today.

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