Maternity leave (MN)

System · September 2003

Ok I thought I had this whole FMLA thing figured out and then I read an article: leave for the birth or adoption of a child may not exceed six weeks, unless a longer period of time is agreed to by the employer. I always thought that the employee (going out on leave) had the choice how long they would be out up to 12 wks??? Can anyone clarify this maternity leave for me.

Thanks

Spoden in MN.

PAhr · September 2003

Under federal FMLA the employee is entitled to twelve weeks of leave for the birth, placement for foster care or the adoption of a child. The only time you can limit that leave is when both husband and wife work for the same employer. This does not automatically reduce their leave entitlement down to six weeks each as one parent may only want a week or two, leaving the remander to the other parent. If Minnesota has a mini version of the law which only allows for six weeks leave, but the employee is eligible for leave under the federal law, the employer must go by the law which benefits the employee more.

System · September 2003

Thanks PAhr for the information that makes sense. I sometimes forget aboutthe state and federal rules.

Spoden

sandra_d · September 2003

It is the state regulation that you are referring to. When the federal legislation is more generous, as FMLA typically would be, the federal law applies. However, don't forget that employees who would not be eligible for coverage under FMLA do have coverage under the state law. Therefore, if you have an employee who has less than a year of service, or who works part-time and doesn't meet the annual hours requirement of the FMLA, while they don't qualify for FMLA, they would qualify for the 6 week leave under MN law.

System · September 2003

Thanks sandra_d - I did not know that.

Brigitte · June 2004

Can an employee use sick time pay for a maternity leave past 6 weeks? In other words, after 6 weeks do they have to go into their vacation bank?

HR in CA · June 2004

I don't believe sick pay in mandated in your state, so your policies and practices would prevail.

deniseE · June 2004

Typically, sick time is reserved for the period of time that the dr. certifies that an ee is physically unable to return to work...for a regular birth, this amounts to 6 weeks...but it could be more...allow the dr. to certify it and go from there...

Again, your internal policies may differ...so check these before making a decision.

Don D · June 2004

I'd be interested to know if the article you read referred to the leave as FMLA or MN family leave. If it mentioned the 6 weeks in relation to FMLA, it was incorrect and should be pointed out to the journalist.

Be sure you also know that under FMLA, where the husband and wife are employed by the same employer there IS a six week limitation on each for bonding with an adoptee or newborn. But that has no affect on each employee's right to a total of 12 for combined purposes throughout their rolling calendar year.

juju · June 2004

Don, can you please clarify the six week limitation on each parent (if they work for the same employer)? I was under the same impression as PA HR that husband and wife were entitled to a total of 12 weeks but not that it had to be 6 each. Just curious.

Don D · June 2004

29 CFR 825.201: How much leave may a husband and wife take if they are employed by the same employer? "(a) A husband and wife who are eligible for FMLA leave and are employed by the same covered employer may be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is taken: (1) for birth of the employee's son or daughter or to care for the child after birth; (2) for placement of a son or daughter with the employee for adoption or foster care, or to care for the child after placement; or (3) to care for the employee's parent with a serious health condition. (b)...it would apply for example, even though the spouses are employed at two different worksites of an employer located more than 75 miles from each other, or by two operating divisions of the same company. On the other hand, if one spouse is ineligible for FMLA leave, the other spouse would be entitled to a full 12 weeks of FMLA leave.

Sorry for length and boring language, but that's the text, minus a possible few typos. Don

juju · June 2004

Thanks for your quick response! Sorry to be a pill, but I didn't see anything in those regs that says each spouse gets 6 weeks, only that they get a combined total of 12 weeks (assuming both are eligible, etc.). I am just trying to clarify because we have several married couples working here and I want to be sure I handled their leaves correctly.

Don D · June 2004

Well, you're right. I used the dreaded "A" word and 'assumed' (I know, I know) that each would ask you for 12 and you might explain that the best you can do is six each. But, I suppose, literally, one could take 11 and a half and the other could take the remaining 1/2. Any even or uneven split of 12. x:-)

Maternity leave (MN)

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