using FMLA early

hrnewbie

Good Morning all...I have received some very helpful information from these forums in the past and would like to present this question before I google it. This morning I had an employee come into my office and ask me if it is possible for her to start her 12 week FMLA leave this coming Monday even if she hasn't had her baby yet. Her due date is this Thursday (Oct 11). She has a doctor's appt on Friday and there she will find out if they will induce labor this weekend or week until sometime next week. She would like her 12 weeks to run out on Jan. 7th so then she can return to work. Is there any law that says she can't start her FML before she has the baby. I know that an employee can use FML during her preganancy if there complications and a doctors note. Any information is greatly appreciated. Thank you.

HR NEWBIE

LindaS

Federal FMLA relating to time off work due to the birth of the baby can be used before or after the baby is born but it cannot be used intermittently unless the employer agrees. If she wants to start her "maternity" leave early, I don't see any problem with that but she will probably not get paid unless the doctor certifies her off work.

njjel

If her doctor certifies her to be out effective that date then that is when her leave starts. If she has vacation or sick time, she could take that for the week prior and then begin the FMLA leave. We bascially go with whatever the doctor writes down as the effective date of the leave. If it is left open (as in "when baby is born") on the certification, then we start it the first day she is out due to the birth of the baby.