Pregnancy & Birth of Child

bwolf

I understand that incapacitation due to pregnancy constitutes a serious health condition. I have a husband and wife that both work for us. She informed us that she could no longer work and she submitted the medical certification form. The doctor indicated that she would be unable to work post-birth, due to a c-section. Would I continue to count this leave as a serious health condition or for birth of a child. Her husband also put in for FMLA leave under "birth of a child." They would only get a aggregate of 12 weeks for birth of a child. So it matters whether I begin to count her leave as birth of a child or for a serious health condition.

Don D

This is a 'tricky' one and one can get lost in the symantics I'll bet. On one hand, they both get an aggregate of 12 weeks max for the birth or adoption of a child. On the other hand, her 12 week clock for health condition begins as soon as she misses the first part day due to her pregnancy. I'll be interested to follow this thread for how others suggest this leave be tracked. It's probably hidden somewhere in the details and I'll bet Hatchetman will come through for us.

System

By George, Don D, I think you've got it. You have two different FMLA events: caring for a healthy baby (12 weeks total for both parents) and the mother's medical condition. So you'd need a doctor's certification to do the math.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Don D

What a vague answer James!! Are you suggesting in tandem they will get more than 12 weeks or that together they get a total of 12, in this circumstance, with her half including the pre-op absences as well and his half (6 weeks) beginning at birth?