FMLA in the District of Columbia

Ms_Shepard

I posed this question to SHRM and I think I totally confused them, and did not really get a satisfying answer.

In the District of Columbia, the leave time allowed under FMLA for the birth or adoption of a child is 16 weeks per 24-month period. The time allowed under FMLA for illness of self, family member etc., is also 16 weeks per 24 month period, thus allowing a total of 32 weeks leave per 24 months, if an individual has a child, and also has an illness of self or family member.

Here is the question: If a person has a child one year, and uses the entire 16 weeks, and then has another child the following year, are they then entitled to the 12 weeks allowed under the Federal law?

Any thoughts are appreciated.

LindaS

Assuming that you are running the federal and state FMLA laws concurrently and the required 12 months has passed since the employee ran out of FMLA leave then, yes, the employee would be entitled to an additional 12 weeks under the federal law. The federal law allows for 12 weeks off in any given 12 month period so once the required 12 months have passed, the person is eligible for another 12 month time allotment regardless of whether they are eligible for the state leave allotment.

At least this would be my interpretation of the law.

SandiF

LindaS is correct.