Doesn't it depend, at least in part, on what her official start date 
was?  If she was hired in May or June, but her contract didn't begin 
until August, her time on the job starts in August, and not in May or 
June. 

Donna Cunningham
[log in to unmask]



Miller, Carol J wrote:


> 
>
>One of my students posed the following question with FMLA and CRA
>Pregnancy Amendment implications.  Does anyone know how pre-existing
>conditions are treated under FMLA?  What else would you add to the
>response given below?
>
> 
>
>Problem:
>
> 
>
>My friend just found out she is pregnant (10 weeks).  She works as a 1st
>grade teacher and this is her first year teaching.  She was hired and
>accepted the job back in May or June, but didn't start teaching until
>school started in August.  The principal at her school is trying to tell
>her that she can only use her 10 allotted sick days for her pregnancy
>and maternity leave because she was pregnant before she was hired (and
>her insurance started) and she hasn't been with the school for more than
>a year.  I don't think this is right, but figured the easiest way to
>check would be to ask you.  I told her she should get up to 12 weeks of
>leave.  Can you let me know what I should tell her?
>
> 
>
>Potential Response:
>
> 
>
>The U.S. Supreme Court has held that FMLA does apply to the state as an
>employer.
>
> 
>
>However, if your friend has not worked for the employer for a year (or
>the necessary hours within a year), she would not yet be entitled to any
>
>FMLA leave.   FMLA simply would not apply to her.
>
> 
>
>Unfortunately, without some additional research, I cannot answer your
>question regarding the relationship of the FMLA and pre-existing
>conditions.      The question of whether the employer's insurance covers
>pre-existing conditions is a separate issue from the question of whether
>she is eligible for FMLA leave.
>
> 
>
>The Pregnancy Amendments to the Civil Rights Act may be of more benefit
>to her.  They require that she not be treated differently because of
>pregnancy that anyone else was treated that had some other pre-existing
>
>medical condition.   If the school system gives 10 days of paid sick
>
>leave, then that is the only paid leave to which she is entitled (under
>
>either FMLA or CRA).   The question remains as to whether she can take
>
>additional unpaid leave - especially if it becomes medically necessary.
>
>She needs to find out what the school system's unpaid leave policy is.
>
> 
>
>Carol Miller
>
>Missouri State University 
>
> 
>
>  
>
>