FMLA-Pregnancy

System

If an employee is pregnant and has intermittently used all her FMLA entitlement (12 weeks), and then is told by the doctor that she can no longer work until after recovery from childbirth, what rights does she have for job protection?

Please inform.

Thanks.

Hatchetman

Take a look at your state laws. For example in California, pregnancy disaiblity leave is a separate leave from FMLA/CFRA and thus doesn't count against the FMLA leave of 12 weeks. Your state may have a similar situation.

Otherwise, if the 12 weeks is up and the employee isn't able to return to work because of a temporary disability (I assume that's what the doctor is saying by saying unalbe to retun to work until recovery is complete) then you have to assess as you would with any other employee who could not return to work following the end of the 12 week FMLA. Is there a particular problem in waiting those few extra days rather and keeping the job open for the employee?

System

This particular employee is only in her 6 month of pregnancy, which would mean that she has 3 months to go plus the 6 - 8 weeks after the baby is born.

Gar

Yes, do indeed check the laws of your state. However, at the federal level, it seems she has no rights since she has run out the string on her FMLA entitlement.

Carol CA

Take a look at your state laws. Here in California there is the PDA - Pregnancy Disability Act - where the employee is entitled to 4 months off due to pregnancy disability (this is separate from FMLA and cannot run concurrently). Once that is exhausted, they can use FMLA for another 12 weeks.

If you are not in California, you may not have these same issues. Just be sure to treat this person the same way you would treat anyone else on an extended leave. If you would allow someone recovering from cancer treatments or heart surgery additional time, you need to do the same for this lady.

Theresa Gegen TX

On additional thing you may want to verify: What is the company policy, and how has the company handled medical leaves in the past. If the company has let others take more than FMLA for medical conditions (extra weeks, etc), it may have to allow the pregnant employee to have more time.

Good Luck!!

Rockie

Just a curiosity question. I'm not knocking California - actually I love the state! But...how in the world do you handle staffing issues with all the extra leave that is given to employees over and above what is required by federal law? Do you use a lot of temporary help to assist until employees come back to work or do people just realize they will have to pick up extra work until the returning employee comes back?

kyra

Rookie-I am California and so far the extra time women have under PDL has not been a problem for any company that I have worked for (knock on wood :-). Like FMLA, PDL can be an unpaid leave. It is very rare that a women is disabled by her pregnancy in the 5 month and then uses 4 months of PDL. First, because most people can't afford to be unpaid for that long (although we do have State Disability Insurance in CA-doesn't pay very much). Second, it is a pretty rare that a women would be disabled by a pregnancy so early on. In reality if a women has a normal pregnancy she will only be out an extra 6 (vaginal birth) or 8 weeks (C-Section) under PDL.

Eliant

I have a case
1)FMLA as of 8/13/02 end of leave 11/4/02
2)Extended leave under PDL (ran concurrent) until 12/13/02
3)Still out (unable to label this leave) Expected delivery date 3/3/03.
4)Will extend leave under CFRA

Confused yet, I know I am.