FMLA for newborn

We have an employee that will be going out on maternity leave and want to be sure we are handling the paperwork correctly. Should we require any other certification for the care of the newborn for time requested beyond the initial 6 weeks or is it just a given that she can stay out up to 12 weeks. Also it is my understanding that leave for birth/ newborn can not be used intermittently, is this correct? Thanks for your help!

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  • Under Federal FMLA she has the ability to use all 12 weeks of FMLA as long as she has not used any FMLA time within the last 12 months, however you calculate a year. She does, however, need to let you know how long she plans to be off work.

    As for intermittent, under the federal FMLA you do NOT have to grant this type of leave due to the birth of a child.
  • I thought medical certification was only used for a serious health condition (i.e. if there are conditions associated with pregnancy), not birth of a child.
  • Thanks. That was the way I understood it and also wanted to be sure I was interpreting the intermittent leave part correctly. Have a good day!
  • For the sake of consistency, we ask for medical certification for any leave under FMLA, even maternity.

    We require the new mom to come back to work once her doctor releases her, usually after 6 weeks, and we require a written doctor's release before we let her clock in.

    I do not believe we HAVE to let the ee take longer than her doctor dictates, but am I wrong? Doesn't FMLA pretty much hinge completely on what the doctor puts in writing?
  • Not for the birth of a child - the mother or father can take the full 12 weeks. There is a provision that if both parents work for the same employer, you can limit them to 6 weeks each.


  • That sucks.

    Do you have handy the reg that addresses that specifically? I can try to look it up if not.
  • >Not for the birth of a child - the mother or
    >father can take the full 12 weeks. There is a
    >provision that if both parents work for the same
    >employer, you can limit them to 6 weeks each.


    Note it is a total of 12 weeks for the Mother & Father (combined), i.e., the Mother might take 8 weeks & the Father 4 weeks. It's not necessarily 6 weeks each.
  • You cannot require an FMLA eligible EE to return to work after six weeks if she wants to take longer. The bonding time with the child has nothing to do with her ability/inability to work from a medical standpoint. If, once the doctor releases her to work after having the child, she wants to remain off work she can do so, although it may be unpaid depending on your policy but you cannot mandate that she return.
  • I mentioned this to my assistant and she looked through the regs. She found the part that addresses 12 weeks allowed for adoptive parents, and I suppose this applies to any new parent.

    Of course, no doc's note is going to say an adoptive parent is "released" back to work after any particular amount of time.

    I'm just bugged that I didn't realize this. Fortunately, our employees typically want to come back BEFORE their doc releases them, not after, so I'm not too concerned, but it is good to know for future reference.
  • [url]http://www.dol.gov/esa/regs/compliance/whd/whdfs28.htm[/url]

    (Excerpts below. Notice that birth of a child is not included in the definition of a serious health condition. Notice they have 12 months from the birth of the child to take the 12 weeks.)

    LEAVE ENTITLEMENT
    A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

    for the birth and care of the newborn child of the employee;

    Employers may also require employees to provide:

    medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member;
    second or third medical opinions (at the employer's expense) and periodic recertification; and
    periodic reports during FMLA leave regarding the employee's status and intent to return to work.


    Under some circumstances, employees may take FMLA leave intermittently — which means taking leave in blocks of time, or by reducing their normal weekly or daily work schedule.

    If FMLA leave is for birth and care or placement for adoption or foster care, use of intermittent leave is subject to the employer's approval.

    FMLA leave may be taken intermittently whenever medically necessary to care for a seriously ill family member, or because the employee is seriously ill and unable to work.
  • [font size="1" color="#FF0000"]LAST EDITED ON 09-27-07 AT 08:50AM (CST)[/font][br][br]It is also my understanding the ee can continue to use the remainder of their time 12 weeks FMLA leave once they return to work for the care of a newborn with well baby doctor appointments etc. during the 1st year of their new childs life on an intermittent basis. Breestfeeding of a new born is also covered.
  • An employee may take leave intermittently WITH approval of the company. It is an option of the employer and all must be treated alike.
  • Your understanding is incorrect. FMLA due to the birth or adoption of the child cannot be taken intermittently UNLESS the employer approves. They do, however, have up to one year to take their time but, again unless the employer approves otherwise, the time must be taken in one continuous block of time.

    In addition, while I am not sure what you mean by "breastfeeding is covered", it is not considered a serious health condition and would not qualify someone for time off work specifically for this reason.
  • Linda - Same thing just stated differently. The employer must approve the leave.
  • Njjel -

    I meant that HRDilemma's understanding was incorrect, not yours.

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