The Family and Medical Leave Act (FMLA) Maternity Leave

Many questions have been asked in regard to the following.  To answer a few:

Both the mother and the father are eligible for FMLA leave for the birth of their child.  This includes time to be with a healthy newborn – bonding leave – during the 12-month period beginning on the date of the child’s birth. Any additional time would have to be negotiated with the employee and Management.

·       An expectant mother may take FMLA leave before the birth of the child for prenatal care or because her condition makes her unable to work.

·       The husband is entitled to FMLA leave if needed to care for his pregnant spouse who is incapacitated or to care for her during her prenatal stage or following the birth of the child if the spouse has a serious condition.

·       Both parents are entitled to FMLA leave if needed to care for their newborn with a serious health condition (if both spouses are employed by the same employer, they must not have exhausted their entitlements during the applicable 12-month leave period).

·       An eligible employee may use intermittent or reduced schedule leave after the birth of a healthy newborn only if the employer agrees.

·       The employer’s agreement is not required for intermittent leave by the serious health condition of the mother or a newborn child.

·       Similar rules to those related to the birth of a child also apply to adoption or foster care placement.  FMLA leave is provided before the actual placement or adoption if an absence is required for adoption or foster care placement to proceed.  The entitlement for FMLA leave expires at the end of the 12-month period beginning at the date of placement.

Some common questions asked are as follows:

1.     When should I inform Management of my need for maternity leave?

As far in advance as possible!  You will need time off for doctor’s appointments, and to minimize problems, fill out Form 3971s and secure an answer.  If problems arise, you will have the time to resolve them or change appointments.

2.     How much time off am I entitled to due to maternity?

You are entitled to a combined total of 12-weeks of leave. This includes time taken before and after the birth of the child barring any serious condition.

3.     What happens if need more than twelve weeks?

You may request it.

4.     Does my 12 weeks under FMLA have to be continuous?

No, it can be taken intermittently if medically necessary.  It can also be used when making your regular scheduled doctor’s appointments, i.e., prenatal care.