FMLA elig. while on maternity leave

carolathey

An employee who was working full time is due to have a baby on October 15. If this bably is approximately on time, the EE will become FMLA eligible during her 2 weeks of paid maternity leave (post childbirth) or while she is on the 4 weeks of short term disability we offer. My question is this: if she becomes FMLA eligible during this period of paid leave, may i count all of her paid leave toward her 12 week FMLA entitlement or can I only count as FMLA any leave that occurs after she is eligible?

NaeNae55

You can't start the clock until she is eligible. She gets 12 weeks, in addition to any time off she has already taken, the day she becomes eligible.

Good luck!

LindaS

I agree with NaeNae and want to caution you on starting the FMLA "clock" before she actually becomes eligible...

Once you create a precedent for providing an EE with FMLA protection before they are eligible, according to state and federal guidelines, you will have to do the same for other EEs in the same situation.