Leave for Pregnancy

wire manufacturer · September 2002

I have an ee who is pregnant. She thinks that after she has the baby she is entitled to the 12 weeks after the baby is born. I don't think that she is elgible for the 12 weeks unless there is a problem with the baby/delivery. Who is correct in this case?
Thanks for your help.

cmergl · September 2002

One of the reasons for taking FMLA leave is to care for the employee's child after the birth. So provided you have more than 50 employees within 75 miles, and the employee meets the eligibility requirements to be entiltled to the leave - employed with you for at least 1 year and worked 1,250 hours over the previous 12 month period - she can take up to 12 weeks of unpaid, job-protected leave after her child is born. If she has complications during her prenancy, that is considered a serious health condition, and she may begin her FMLA leave earlier than planned. Whatever the scenario, she would be entitled to 12 weeks maximum per either calendar or "rolling" year, depending on how you've set up your policy.

I just had someone take leave after her child was born. It was an uncomplicated delivery and the baby was healthy. She took the full 12 weeks, intending to come back to work, but ultimately did not return.

Theresa Gegen TX · September 2002

If she is covered by FMLA (worked for atleast a year and 1250 hrs before leave, and employer has more than 50 employees in a 75 mile radius), she is correct.

You should also check your state laws, to see if they provide for additiona, pregancy leave.

Good Luck!

HR Guy · September 2002

I am in Missouri as well - no additional leave past the 12 weeks is required here. Thank your lucky stars - I also administer leave for our ees in California. x:'( I'd say about 90% of my pregnant ees take the full 12 weeks after the child is born.

Gillian · September 2002

Re. California - your comment about 90% of employees taking the full 12 weeks after birth is interesting. That can happen because we have a separate family leave law which provides that it cannot run concurrently with pregnancy leave. In all the years,though, that I have been involved with this only once have I experienced an employee take the full 12 weeks after delivery.

vmiller MO · September 2002

I agree with the others who have responded. One of the reasons for FMLA leave is a birht of a child. It is clear that congress intended this to mean that an eligible employee could take up to 12-weeks after the birth of their child in order to bond with it. For example, suppose the father of the child worked for you, but the mother did not. The father could take 12-weeks FMLA leave to bond with the child. [I assume that the father meets all of the FMLA requirements]

Janet · September 2002

All of the above responses assume that the EE has not taken any FMLA time prior to the birth of the child. If time is taken prior to delivery, it cuts into the time available to her after the birth of the child.

wiremanufacturer · September 2002

[font size="1" color="#FF0000"]LAST EDITED ON 09-18-02 AT 01:06PM (CST)[/font][p]OK so what's the difference in the 12 Week FMLA and the 6 weeks that the ee is entitled to? I'm confused.

Terry · September 2002

The six weeks may be the time period under the STD policy for which the employee can get paid (for her own disability), 12 weeks FMLA is an entitlement for job protection without pay. If your policy allows, she can use sick/vacation/pto for the balance of the six weeks that she does not receive compensation under the STD.

Pork · September 2002

wiremanufacturing, don't get confused get out your friendly FMLA policy and follow it! Money is not a consideration in the FMLA. she qualifies for 12 weeks a year. Should the physician take out of the work force three weeks prior to delivery that starts the 12 week leave period. If she works up to the last friday of the 9th month and goes in for delivery that night then the 12 week period begins the day of delivery and she is entitled to 12 weeks. Husband and wife employees get a combined 12 weeks.

Now get out your friendly Short Term Disability Policy or as we call it the Medical Leave policy. This policy deals with compensation and travels along the road with FMLA; however, the amount of time that we pay someone to deliever and bond with their new born is different and stops sooner than the 12 weeks. 6 weeks for a normal birth, 8 weeks for C section and upto 12 weeks for physician certified complications beyond the delivery or initial removal from the work force. Father bonding gets no money but he can have the time off. I really wonder how the majority of the poor people make it with a new baby and no money. FMLA and daddy bonding is for the really rich.

When the money runs out the employee and the physicians always get the employee back to work. We had one employee work all day Friday, had her baby on Saturday, and was back to work in three weeks and never missed a beat. We had another that took the entire 12 weeks and worked three days before she realized she had to be with her baby rather than at work and she resigned. Hope this help clear it all up.

Pork · September 2002

I forgot to add the friendly reference to the U.S. Department of Labor manual free for the asking: Federal Regulations Part 825, The Family and Medical Leave Act of 1993. It really is a friendly reading document and is a must have for a HR Library. The copy I have was published in 1995 and the law has not changed, but the court interpretations may have muddied the waters a bit.

Leave for Pregnancy

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