FMLA for newborn
Franklin
20 Posts
We have an employee that will be going out on maternity leave and want to be sure we are handling the paperwork correctly. Should we require any other certification for the care of the newborn for time requested beyond the initial 6 weeks or is it just a given that she can stay out up to 12 weeks. Also it is my understanding that leave for birth/ newborn can not be used intermittently, is this correct? Thanks for your help!
Comments
As for intermittent, under the federal FMLA you do NOT have to grant this type of leave due to the birth of a child.
We require the new mom to come back to work once her doctor releases her, usually after 6 weeks, and we require a written doctor's release before we let her clock in.
I do not believe we HAVE to let the ee take longer than her doctor dictates, but am I wrong? Doesn't FMLA pretty much hinge completely on what the doctor puts in writing?
Do you have handy the reg that addresses that specifically? I can try to look it up if not.
>father can take the full 12 weeks. There is a
>provision that if both parents work for the same
>employer, you can limit them to 6 weeks each.
Note it is a total of 12 weeks for the Mother & Father (combined), i.e., the Mother might take 8 weeks & the Father 4 weeks. It's not necessarily 6 weeks each.
Of course, no doc's note is going to say an adoptive parent is "released" back to work after any particular amount of time.
I'm just bugged that I didn't realize this. Fortunately, our employees typically want to come back BEFORE their doc releases them, not after, so I'm not too concerned, but it is good to know for future reference.
(Excerpts below. Notice that birth of a child is not included in the definition of a serious health condition. Notice they have 12 months from the birth of the child to take the 12 weeks.)
LEAVE ENTITLEMENT
A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
for the birth and care of the newborn child of the employee;
Employers may also require employees to provide:
medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member;
second or third medical opinions (at the employer's expense) and periodic recertification; and
periodic reports during FMLA leave regarding the employee's status and intent to return to work.
Under some circumstances, employees may take FMLA leave intermittently — which means taking leave in blocks of time, or by reducing their normal weekly or daily work schedule.
If FMLA leave is for birth and care or placement for adoption or foster care, use of intermittent leave is subject to the employer's approval.
FMLA leave may be taken intermittently whenever medically necessary to care for a seriously ill family member, or because the employee is seriously ill and unable to work.
In addition, while I am not sure what you mean by "breastfeeding is covered", it is not considered a serious health condition and would not qualify someone for time off work specifically for this reason.
I meant that HRDilemma's understanding was incorrect, not yours.