FMLA and Pregnancy

hrinmi · December 2003

We have an employee who had saved up her vacation time for the end of the year before the birth of her baby. She's due 12/24.

She was planning on working closer to her due date and then using some of her vacation time before the birth.

Now however, the doctor has her off work starting Dec. 10th. My first softy thought is to let her take her vacation and not start her FMLA till Jan. 1 so that she has more time with her baby after it's born.

Can anyone thing of anything wrong and any FMLA rules this would be violating?

Her boss has already allowed her to be off until April, however, now her FMLA will run out long before then.

hrinmi · December 2003

I just noticed this same question half way down but it won't let me delete mine.

Thanks!

cthr · December 2003

I would start her FMLA when she goes out. Remember how you handle this situation will set the precedent for how you handle future situations. FMLA states that you must give 12 weeks, you can have a more generous leave policy if you so desire. Also, does your state have a leave policy that is more generours than the federal?

mrsbowden · December 2003

I agree with cthr. Once you do it for one person you should do it for all...in order to be fair and consistent. Eventhough, you may not want to you should issue FMLA from the first day missed when ever it is.

Whatever · December 2003

Here's the big question..Do you treat every other person (whether or not they are pregnant) the same way. If you normally allow employees to take vacation before using their FMLA, do it in this case. If you normally save a job for an employee beyond the FMLA period, do it in this case. However, if you are treating this person differently because they are pregnant, you're asking for trouble in the future.

FMLA and Pregnancy

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