Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) requires larger employers to provide up to 12 weeks of unpaid leave to employees who either have a serious health condition themselves or must care for a seriously ill family member.

Yes. The birth of a child or complications relating to childbirth or pregnancy would qualify under FMLA as a serious health condition. Adoption, postpartum conditions, and parental leave for childcare may also qualify.

Patients may be covered under various short-term disability policies that cover pregnancy leave.  Short-term disability typically covers up to 6-8 weeks of leave (the period that is considered “medically necessary”) after the birth of a child.  Your physician will authorize six weeks of disability leave after a vaginal birth and eight weeks of disability leave following a cesarean delivery. You may still take the full 12 weeks off that is provided under FMLA; however, it may be unpaid leave.

The extension of short-term disability beyond what is typically medically necessary is dependent on the individual disability plan. For example, some plans may provide leave beyond the 6-8 weeks for things such as low birth weight babies, perinatal depression, postpartum psychosis, infections, pregnancy loss, or high blood pressure. If your doctor recommends additional time off for these (or other complications), your disability carrier will request medical records and determine if they deem coverage medically necessary. Disability is only extended if the insurance company authorizes it.

Employees qualify for FMLA leave if they work for a company with more than 50 employees working within 75 miles of their workplace. Federal, state, and local government workers also qualify. Employees must have worked at that company for at least 12 months. They also must have worked at least 1,250 hours during the previous 12 months.

The paid leave you get under FMLA is determined by the leave authorized by your employer and any disability policies. Disability policies require documentation and medical reasons to extend leave beyond the medically necessary 6 (vaginal birth) or eight weeks (cesarean section). It is important to note that any additional leave recommended by your physician may or may not be approved as paid leave by your insurance coverage.

The Family and Medical Leave Act requires large employers to provide at least 12 weeks of unpaid leave for expecting mothers and fathers after the birth of their child.  Employees must be able to return to their jobs or similar jobs with the same salary, benefits, and working conditions.

Except under specific conditions, employers may not deny a parent leave under the FMLA for pregnancy complications or delivery as long as all necessary paperwork and FMLA certification are in order.

Employees can use FMLA leave for pregnancy complications at any time necessary during the duration of the pregnancy and for one year after the birth or adoption of the child. The FMLA requires employees to request non-emergency leave at least 30 days before taking it.

A total of 12 weeks per year is allowed under the FMLA. Therefore, if an employee uses some of their leave for pregnancy complications, this will be deducted from the amount allowed after delivery. For example, if a patient takes off two weeks for a complication of pregnancy, that employee can use the remaining ten weeks of unpaid leave after the baby’s birth.

Partners are also entitled to 12 weeks of leave after the birth of a child. However, if a pregnant employee and her partner work for the same firm, they are legally only entitled to a combined 12 weeks of leave.

In most cases, yes.