Birth

Let me preface this by saying that I'm not trying to be a Scrooge, I understand the loss, but..... What are the legal requirements regarding family leave when a woman either gives birth to a baby that dies almost immediately after birth, or when the baby is stillborn? Mother only as long as she has a serious health condition? Father qualify for 12 weeks?

Comments

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  • In my opinion, the mother would be eligible for whatever the doctor certifies is needed for her personal health and the father would only be eligible if the doctor certifies that he is needed for the care of his wife during that period of time. FMLA does not have any provision about grieving or bereavement.
  • The typical six week period post-birth is given more for recovery from the birth than the need to take care of the child. So, at minimum she's entitled to physical recovery time.

    What type of bereavement policies do you have?

    Additionally, if a doctor certifies the need for time off for emotional health, she should be able to continue using FMLA...same for the father too..


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