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Notification of request for pregnancy disability leave/FMLA
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Notification of request for pregnancy disability leave/FMLA
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I have two questions: (1) Can an employer require that pregnant employees notify the company a specific time in advance (e.g. six months before due date) of their pregnancy and request for leave? (
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Forums  »  Topic Forums  »  Legal Forum  »  Notification of request for pregnancy disability leave/FMLA

Notification of request for pregnancy disability leave/FMLA

posted at 6/27/1999 8:54 AM EDT
Posts: 1
First: 6/27/1999
Last: 6/27/1999
I have two questions:
(1) Can an employer require that pregnant employees notify the company a specific time in advance (e.g. six months before due date) of their pregnancy and request for leave?
(2) When SHOULD an employee inform her employer that she is pregnant?

Any information would be appreciated. Thanks< Karin
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Notification of request for pregnancy disability leave/FMLA

posted at 6/27/1999 4:38 PM EDT
Posts: 833
First: 6/11/1999
Last: 8/23/2001
Under the FMLA, the employee is required to notify the employer of the need for leave at least 30 days before the leave, or, later, if that is not possible. Your pregnant employees are only required to give you 30 days' notice. Unless you require 6 months notice for any other condition, you would be treating your pregnant employees differently, and may run afoul of both privacy regulation for forcing them to inform you of pregnancy and/or PDA regulations for treating that condition differently.

As far as when an employee should notify, I'd say whenever the employee needs to provide that information in order to receive a benefit (Intermittent leave for "morning sickness" or pre-natal care, materity leave, disability insurance, pre-cert for health insurance, etc.).

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