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6:10 p.m. • 2-12-12

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From overtime to unemployment, attorneys with the North Carolina Bar Association's Labor and Employment Section answer your questions on workplace issues.

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I am entilted to the FMLA Act because I am pregnant. However, I do not know what that means.
Question: I understand that I am entilted to the FMLA Act because I am pregnant. However, I do not know what that means and if there is any particular criteria to meet. My 1/15 pay stub renewed and says I have 80 hours of vacation. Right after that, I asked him about sick time and vacation time and he said I do not have any. He said the prior year ate this year's and I have zero hours. When I am out for doctor's appointments he notes it in my file. I took vacation last year and was paid for it. Now my pay stubs say I have no hours.
I am confused about my rights as a pregnant woman.
Thank you.

Answer: OK, this is a difficult concept that really confuses lots of people, employees and employers alike. It's important to understand that FMLA leave is unpaid. However, if you have accrued vacation or sick leave, most employers permit employees to draw down their accrued leave while they are on FMLA leave in order to soften the financial impact of missing work. When that accrued leave expires, the remainder of FMLA leave is unpaid. The fact of your pregnancy or your FMLA leave does not entitle you to additional vacation or sick leave.

As a more general answer, under FMLA you're entitled (assuming you meet certain eligibility criteria, which your question suggests you do) to 12 weeks of unpaid leave, all within a 12 month period which may be the calendar year but might also be defined by your employer's policies. You are entitled to take such leave on an "intermittent" basis, meaning that you can take it in hours instead of days - this usually happens during pregnancy when the mom takes off from work for follow-up appointments or prenatal or postnatal care. (This might perhaps explain why your employer is keeping track of your doctor appointments - this allows the employer to count the "intermittent" appointments against your 12 allotted weeks of leave.)

Would suggest you do some further reading about FMLA on the U.S. Department of Labor website, www.dol.gov.
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