Pregnancy in FMLA

HCCADC

If an employee is on maternity leave and her 6 weeks are up and the doctor certification has ended, does the employee still have the option to take 12 weeks if her doctor has released her to go back to work?

POPEYE

[font size="1" color="#FF0000"]LAST EDITED ON 03-21-03 AT 10:44AM (CST)[/font][p]I assume from your post that the Dr had certified her to be away from work for 6 weeks after delivery for medical reasons. FML gives parents up to 12 weeks in a 12 month period to care and or bond with a newborn or adopted child. There are some states that have greater leave and the Federal Law states that you as an employer may grant additional leave. So to answer your question, yes the mother would be able to have 6 more weeks.

LindaS

I agree with Popeye that she has six more weeks but if you have a short-term disability plan they would no longer be eligible for payment. In addition, if she wants to take this time intermittently, that is up to you to decide if this would be allowable.

Brad Forrister

One more caveat:

If she has missed time before the baby arrived, for doctor's visits or morning sickness or any incapacitating medical condition, that time can also be considered FMLA time - so in effect, you deduct them from the total 12 weeks.

You should, of course, have designated such absences as FMLA leave and done the proper paperwork.

Once the baby is born, either a mother or father is entitled to take any time remaining in their FMLA 12-week allocation without regard to whether they're incapacitated.

Brad Forrister
Director of Publishing
M. Lee Smith Publishers

HCCADC

Thank you, I was having a brain freeze!