FMLA and Pregnancy

GLC · June 2003

We are wanting to allow employees who are on FMLA only six weeks in sick leave under this policy instead of taking 12 weeks of sick time. If they wanted the additional six weeks, it would have to be taken as some other accrued time like vacation. However, if an ee had a serious health condition, they could take 12 weeks of sick time under FMLA, just not for pregnancy. Would that be discriminatory? My male boss is asking me to do this because he said after six weeks, the women is not considered sick any longer. If she had complications from the post-birth, then she could take the full 12 weeks if she needed it.
How do others handle this?

POPEYE · June 2003

My male boss is asking me to do this because he said after six weeks, the
>women is not considered sick any longer.

I can already feel the heat coming through my monitor from the responses from our female posters about your Boss's statememt. Being the father of 3 sons I would be censored and probably banned from the forum if I were to post my wife's comments for your Boss.

An EE is entitled to 12 weeks FMLA for the birth and bonding of a new-born or for the adoption of the same. You may choose to have them use paid time or unpaid time but they must be notified in writing of what your policy is. Your policy must be the same for all FMLA and administered consistently. Also you may want to check to see if you have a State mandated Maternity Leave. Some states have a more liberal leave than FMLA.

CAL · June 2003

IF your company is covered under FMLA, you MUST allow the employee the full 12 weeks for pregnancy and childbirth; however, you don't have to pay them for any of it (which is why many new moms come back to work sooner rather than later). Please get yourself and your boss educated in the basics of FMLA right away, or you will find yourself in some serious hot water. You can read up on the basics at the DOL web site: [url]http://www.dol.gov/dol/topic/benefits-leave/fmla.htm[/url]. Additionally, you need to check with your state's DOL for any state-specific information on Family Leave.

Good Luck!

LindaS · June 2003

Pregnancy should be treated the same as any other serious health condition regarding paid leave. As for FMLA, the employee is entitles to the full 12 weeks, although as others have said this can be unpaid, for the birth of a child. Allowing one employee 12 weeks of pay for some other serious health condition and only an automatic 6 for pregnancy would be seen as discriminatory and not something I would want to engage in.

psrcello · June 2003

Your boss needs to understand that the FMLA covers not just pregnancy, which is a serious health condition, but also leave for the birth or adoption of a child, which has nothing to do with a new mother's recovery time or whether she's "sick" any more!

Isn't it amazing that there are still these paleozoic era attitudes out there in this day and age!?!?!?!

FMLA and Pregnancy

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