FMLA

System

Hi there,

We have an employee who was pregnant and had her baby early (about 6 weeks). She had about 2 weeks of bed rest prior to having the baby. I'm pretty sure the two weeks of bed rest falls under ADA (pregancy disability)and not her regular FMLA???. If this is the case, I understand that the FMLA does not start until the baby was born, correct? We are located in WA State where we have a Parental Leave Law which requires employers to privde employees with twelve weeks of unpaid leave to care for the newborn. So regardless of FMLA, we would be required to allow the additional 12 weeks after the baby was born anyway right?

Also, since the baby is a preemie and will be in the hospital for about one month prior to bringing it home, is there anything I need to know about ADA/FMLA that might pertain??

Wow, I have a lot of question! Sorry! Thanks so much for any assistance you could provide.

Rita

GLC

Pregnancy is not a disability under the ADA because it is not a permanent illness. We start our FMLA when the baby is born unless the EE develops a serious health condition like in your situation. We had a situation like yours recently. I started the employees FMLA when the EE went out for bedrest because it falls under FMLA's definition of a serious health conditon. That time came off her 12 weeeks of FMLA. By the time our EE had the baby, she only had 8 weeks of FMLA leave. She did not like it, but that is our policy.

I'm not familiar with the Parental Leave Law in WA so I can't advise on that.

If her baby stays in the hospital because of being a preemie, it all falls under her 12 weeks because that falls under FMLA's definition of a serious health conditon of a child. The ADA does not have anything to do with a baby being a preemie. The ADA is for the EE.

I think you are confusing the ADA & FMLA. The ADA is not for temporary conditions, like a pregnancy.

marc

Your state law is likely more liberal than the FMLA for protecting EEs rights, but in most cases, you can run these leaves concurrent with one another and any sick leave, vacation leave, etc. to which the EE is entitled.

Get the Dr's certification, about the two weeks early, but even without it, I would start the FML piece when she was out of work, not when she had the baby.

neveradull

Here is how I see it, FMLA started the day she was placed on bed rest and continues for 12 weeks, and the six weeks of WA maternity leave began on date of birth and runs concurrently with FMLA for six weeks. If the baby goes home at the end of the one month mom would have about six weeks to bond with a healthy baby before her FMLA would expire and she would be expected to return to work (6wk + 6 wk = 12 wk). ADA is not involved. If at the end of this 12 weeks should the baby have a health condition that requires continuing care then Mom may qualify for continued time off under the WA Family Care Act, which allows her to use any and all accrued sick, vacation, or other paid time off she may have on the books. The Family Care Act does not require continuation of company paid health benefits.