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Ask The Lawyer By: Daniel A. Gwinn, Esq.

| April 18, 2016

Dan Gwinn New Head ShotQUESTION: May I work part-time and take FMLA leave at the same time after the birth of my child?

Q:        I will be having my first child in a couple of months, and would like to apply for leave under the Family and Medical Leave Act, but after my first week off, I want to return to work on a part-time schedule until my leave is used up. Can I do that?

A:        The quick answer is — yes, but ONLY if your employer agrees, and only if you meet conditions for eligibility. If your employer does not agree to allow you to work a part-time schedule during your leave period, you are still entitled to full-time leave, for up to 12 weeks. Leave under FMLA is unpaid.

Under the Family and Medical Leave Act (FMLA) a worker can take up to 12 weeks off during a 12-month period after the birth of the employee’s child. In order to qualify for FMLA leave, you must have worked for the same employer for a year, have worked at least 1,250 hours in that year, and your employer must employ at least 50 people.

In addition, if you know in advance when the leave will be needed – in your case, for example, you know you’ll need it in a couple of months – you must provide your employer at least 30 days advance notice before your FMLA leave is to begin. An employer may also request medical certification before granting the leave.

If you are eligible for leave, and have provided notice, but your employer is reluctant to give you the time off, you may wish to consult with an attorney. The lawyers at GWINN TAURIAINEN PLLC are experienced attorneys and are happy to answer your questions. Give us a call for a free initial telephone consultation about your legal needs. For consideration of your questions in our web column, please submit your inquiry on the “Contact Us” page of our website at

By: Daniel A. Gwinn, Esq.
Attorney and Counselor at Law

901 Wilshire Drive, Suite 550
Troy, MI 48084
248) 247-3300
(248) 247-3310 facsimile


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