counting prenatal care towards FML?

HRinGA

We have an exempt employee who is having a difficult pregnancy. She's due in April, but is having to go to the doctor every 2 weeks. Usually the visits last at least 2-3 hours. The manager is asking whether this should count towards FML. She's a good employee and usually takes a short lunch or works at her desk during lunch, etc. etc. There are no performance issues.
I know we can count it, but my problem is we've never counted it before. Normally, pregnant employees go to the doctor once a month until the very end. We've never counted their time, so why hers? I'd like to be consistent.
I guess what I'm really asking is if you all count doctor's visit as FML time? Am I way off base? Too sympathetic?

Down_the_Middle

We do not count the pre-natal visits as you've described. Mainly due to the recordkeeping issues of 1 hr here another there, etc.... Once the employee is deemed incapacitated due to complications, or birth, etc...., we'll start the process.

marc

A lot of this depends on the company's perspective. Will she be getting into trouble based on your attendance policies? If so, that is one of the things for which the FMLA is supposed to provide protection.

In the case of a difficult pregnancy, we count them. The clock starts running, which is one of the few pro-active things you can do as an employer.

You can always provide additional leave, if necessary or if you want to, but you will be required to provide the 12 weeks from the time you start the clock.

You can also require the EE to present the DOL paperwork and have her medical provider certify the situation as qualified - that will help protect you from the consistency issue about which you are worried.

Don D

No, you're not off base or sympathetic. You're being consistent with past practice, which can actually bail you out of an FMLA complaint. Not being consistent could also cost you a complaint. It's the employer's prerogative to count this or not. Companies I've worked for always placed the ee on intermittent leave with the first notification and return of the paperwork. Those hours can turn into half and whole days and weeks rather quickly, and then you'd be well into the 12 weeks if you had started the clock. But, I agree you should not count these for her if you have not for others. That's FMLA discrimination and would be ruled arbitrary by a DOL investigator.





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