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FMLA - Pregnancy
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FMLA - Pregnancy
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Concerning FMLA for a pregnancy. Does FMLA beging upon learning of the pregnancy or does it begin when the employee actually goes out when the child is born?
I feel that FMLA begins as soon as the
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FMLA - Pregnancy
posted at 5/13/2009 4:03 AM EDT
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Posts: 2
First: 5/13/2009 Last: 5/13/2009 |
Concerning FMLA for a pregnancy. Does FMLA beging upon learning of the pregnancy or does it begin when the employee actually goes out when the child is born?
I feel that FMLA begins as soon as the employer learns of the pregancy. We use a rolling 12 month calendar measured backward. Ony time actually taken is counted against their FMLA alottment. |
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FMLA - Pregnancy
posted at 5/13/2009 4:18 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
It begins at the time the employee finds out they have a 'serious medical condition' that requires 'ongoing treatment' which to me is the beginning of pregnancy. I wouldn't want to fight a court case where I, as the employer, refused to give FMLA protection prior to the baby actually being born.
So the mom gets FMLA for a serious medical condition prior to the birth and then after the baby is born it also falls under baby bonding. If you have a situation where both spouses work for you, then you get into the combined time for the birth and bonding (http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.120.htm) |
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FMLA - Pregnancy
posted at 5/13/2009 6:50 AM EDT
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Posts: 464
First: 6/30/2004 Last: 11/22/2010 |
I agree with RRupert.
We start the clock as soon as we can for FML. The period of pregnancy usually includes doctors visits for even normal pregnancies. If the mom-to-be is also stricken with severe enough morning sickness or other complications, FML will protect her from getting dinged for attendance violations. Just in general, start the clock running whenever you can. JMO |
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FMLA - Pregnancy
posted at 5/20/2009 7:53 AM EDT
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Posts: 7
First: 5/4/2009 Last: 2/8/2011 |
Once the employer learns that the employee is pregnant, the employee is then eligible for FMLA.
In California, employees get PDL (pregnancy disability leave). PDL runs concurrently with FMLA.PDL is 16 weeks or 4 months and FMLA is 12 weeks or 3 months. Both give the employee job protection. The clock for FMLA starts to tick when the physician puts the employee on disability. CFRA (California Family Rights Act) or in this case baby bonding for the mother does not start until disability ends. This leave entitlement gives the mother another 12 weeks of leave. For states that only have FMLA, the employee is eligible for 12 weeks of FMLA. The 12 weeks or 480 hours can be used for prenatal visits et cetera. And yes, you only count FMLA hours for time out of the office related to the pregnancy. |
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FMLA - Pregnancy
posted at 5/20/2009 12:05 PM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
The last couple of posts are what I believe is correct. Namely, while the employee may be ELIGIBLE for FMLA once pregnant, the actual LEAVE meter should not start until LEAVE occurs.
No employee would want to use up the job protection until the medical condition interferes with their ability to provide full time, regular employment. |
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