Under age pregnancy

System · May 2003

Does the birth of a child to an underage dependent for an employee qualify? Could it fall under a sickness for the employees child?

LindaS · May 2003

I would have to say that it was covered.

Whatever · May 2003

I would qualify it.

Nat · May 2003

[font size="1" color="#FF0000"]LAST EDITED ON 05-28-03 AT 10:13AM (CST)[/font][p] >Does the birth of a child to an underage dependent for an employee
>qualify? Could it fall under a sickness for the employees child?

We just went through this exact situation and we, at the advise of our attorney, denied the request. Here's why: According to our attorney, a normal vaginal delivery is not considered a serious health condition. Because this is "new baby" leave, the employee is really the "grandma or grandpa" for purposes of this leave and not eligible for FMLA leave.

We let the employee request vacation time off and told her that if there were complications, such as a C-section, that she would be entitled to FMLA because then there would be a serious health condition.

Probably not a popular decision but that's what we did.

Don D · May 2003

I don't find the word vaginal in the FMLA regs. Nor do I see anything precluding persons of a certain age minimum being qualifiers. I have experienced this with a male employee whose unmarried minor daughter gave birth and he was qualified following his request. We certified it as eligible, as far as the birth event and caring for his dependent daughter, under the 'care and emotional support, etc' criteria. I don't think though that the employee would be eligible to take FMLA if the child of that dependent daughter was sick, however.

Nat · May 2003

Somehow I knew I would hear from you on this Don. As I stated in my post, I knew the decision would not be a popular one but I relied on the advise of my attorney. If I'm going to expect them to defend me in court, I usually listen to what I have to say. The information I put in my post were direct quotes from her. In our situation, the employee ended up getting the FMLA after the birth because the daughter had to have a C-section.

psrcello · May 2003

I've never seen anything that says a normal vaginal delivery isn't a serious health condition. Anyway, isn't the rule of thumb to consider the criteria, not the condition?

I would have qualified it based on the fact that any period of incapacity due to pregnancy is covered. I know I was incapacitated after the birth of my children, which was clearly related to having been pregnant in the first place!

SandiF · May 2003

It may not be considered a "serious health condition" but "birth of a baby, or to care for a newborn" does qualify for FMLA.

Nat, I don't think your attorney fully understands the law. I would assume you are talking with an employment law attorney? You might want to get another opinion. Your company will take the hit from a lawsuit.

Whatever · May 2003

I could be wrong, but sounds like the attorneys denying leave are males.

Gerri · May 2003

I agree with Whatever. Also Nat - I don't know how much I would rely on these attorneys to defend me in court. I think they would have a hard time defending that one.

Don D · May 2003

Well Nat, I think all the posts following mine were from ladies (sorry if I have one wrong) and they seem to agree with me that your female attorney is absolutely wrong on this one.

Under age pregnancy

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