FMLA / ADA / Pregnancy - Wisconsin
kmaries
29 Posts
[font size="1" color="#FF0000"]LAST EDITED ON 04-14-04 AT 02:30PM (CST)[/font][br][br]I searched old posts, but could not find anything that directly related to my question. The situation is this:
An employee is eligible for 12 weeks of federal FMLA. She is due on July 26, 2004, but has been taken out on bedrest effective immediately until birth. She will therefore exhaust all federal FMLA time by July 6, 2004. In addition, Wisconsin has its own FMLA which allows 2 weeks for one's own serious health condition. Our company runs both FMLA and WFMLA concurrent where applicable so WFMLA has exhausted as well.
My question is what obligation do we have because she still has not delivered her baby as of July 6, 2004 to keep her as an employee? Assuming that our organization does not allow employees to take more than their 12 weeks.
My real confusion - Does pregnancy fall under ADA. Then my question is how long is she considered "disabled"? Would it be until the date of birth or 6/8 weeks following the birth?
To make the situation even more confusing, Wisconsin allows an employee 6 weeks for the birth of a child. After she delivers, would she not be eligible for the 6 weeks of WFMLA too?
Please help, I have a pretty good idea of what we need to do, but I want some opinions. Please share how you would work this situation or how you have in the past!
Thank you all!
An employee is eligible for 12 weeks of federal FMLA. She is due on July 26, 2004, but has been taken out on bedrest effective immediately until birth. She will therefore exhaust all federal FMLA time by July 6, 2004. In addition, Wisconsin has its own FMLA which allows 2 weeks for one's own serious health condition. Our company runs both FMLA and WFMLA concurrent where applicable so WFMLA has exhausted as well.
My question is what obligation do we have because she still has not delivered her baby as of July 6, 2004 to keep her as an employee? Assuming that our organization does not allow employees to take more than their 12 weeks.
My real confusion - Does pregnancy fall under ADA. Then my question is how long is she considered "disabled"? Would it be until the date of birth or 6/8 weeks following the birth?
To make the situation even more confusing, Wisconsin allows an employee 6 weeks for the birth of a child. After she delivers, would she not be eligible for the 6 weeks of WFMLA too?
Please help, I have a pretty good idea of what we need to do, but I want some opinions. Please share how you would work this situation or how you have in the past!
Thank you all!
Comments
ADA only looks at reasonable accommodation - not extended periods of unpaid leave per the FMLA. So essentially, with the post-partum bonding state requirement, she has three unprotected weeks between July 6 and the 26th during which you can term. Unfortunately, with our policy, I would have to.
If she is out of federal FMLA as of July 6th, she would then begin her 6 weeks of WIFMLA. The WIFMLA is for FAMILY leave and can be taken within 16 weeks of the birth, either before or after. Your problem would then come in AFTER the birth of the child if she is unable to return after she has exhausted the 6 weeks allowable at that point.
Hope this helps.
If an employee, whether being the mother or father of the child, wants to take a couple days off to paint the nursery they have the ability to do that under WIFMLA as long as it's within 16 weeks of the birth. Oh, and in WI during that 16 weeks an employee CAN use intermittent leave for this purpose. It is a nightmare trying to control this!!!