FMLA and Pre-natal Leaves

System

Here's the scenario:
I told an employee that her FMLA time would begin on the day her baby was born. She agreed, but I later found out that she was ordered to bedrest earlier than when the baby is due. I processed it as a disability and it is confirmed.
My question is: Does her FMLA time automatically start on her first day out on her disability instead of the day the baby is born? Or is this something she can choose to take later? Does she have a choice in the dates it is designated?

Sidney

Her FMLA leave should be started on the first day she is out due to disability. It is not her choice as to when to designate it, it is yours.

Don D

I would say her FML begins on the first day of absence 'for the birth of a child'. The Act specifically says 'for the birth or adoption of a child...'. that doesn't mean it starts on the date of delivery. It starts on the day the doctor puts her off work due to the pregnancy. The leave definition doesn't cover a period which begins at the moment of birth, so even if, God forbid, something unforeseen happens with her pregnancy, that still doesn't reverse the fact that this is FMLA defined leave. If you already had her approved leave set up to begin on a certain date and the doctor changed his advice and put her 'to bed' a week earlier than anticipated, you should adjust your leave start date.

dhnyct

What about if the employee has to be out intermittently during the pregnancy and for several months after the birth? Does each day count toward the twelve weeks, or only absences of at least a three-day duration?

Our complicated pregnancy involved an employee with less than a year of service. FMLA did not apply, but with our growing staff numbers we're sure to have applicable situations in the future.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 04-11-02 AT 08:39AM (CST)[/font][p]
If your company form that the doctor completes and returns to you states that the patient/employee has to be out intermitteltly during and/or after the pregnancy, yes, each of those days will count as a day of FML. If the initial form did not state that, which in all likelihood it would not have for 'post delivery' intermittent absences, you might have the doctor's office send you a fax ammended instruction and attach it to your paperwork. Don't hassle the clinic with another clean original form to be completed. His faxed instruction note to you will suffice for the purposes of FMLA. The 'more than three days' rule is out the window with intermittent situations.