Family Medical Leave Act

questions & answers

Question: I took fmla for the birth of a child, however I did not use all 12 weeks. Does fmla cover any time taken off to care for my child or am I now not covered under fmla because I have returned to work?

Answer: The Dept. of Labor states "The FMLA entitles eligible employees of covered employers to take job-protected, unpaid leave for specified family and medical reasons. Eligible employees are entitled to: Twelve workweeks of leave in any 12-month period for:
Birth and care of the employee's child, within one year of birth
Placement with the employee of a child for adoption or foster care, within one year of the placement
Care of an immediate family member (spouse, child, parent) who has a serious health condition.
For the employee's own serious health condition that makes the employee unable to perform the essential functions of his or her job Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is on active duty or has been notified of an impending call or order to active duty in the U.S. National Guard or Reserves in support of a contingency operation"

 The fine print reads "Employees may take FMLA leave intermittently or on a reduced leave schedule (that is, in blocks of time less than the full amount of the entitlement) when medically necessary or when the leave is due to a qualifying exigency. Taking intermittent leave for the placement for adoption or foster care of a child is subject to the employer's approval. Intermittent leave taken for the birth of a child is also subject to the employer's approval. However, employer approval is not required for intermittent or reduced schedule leave that is medically necessary due to pregnancy, a serious health condition, or the serious illness or injury of a covered servicemember. Employer approval also is not required when intermittent or reduced schedule leave is necessary due to a qualifying exigency." http://www.dol.gov/compliance/guide/fmla.htm You should speak with your HR director if you have questions regarding FMLA.

QUESTIONS

  • I took fmla for the birth of a child, however I did not use all 12 weeks. Does fmla cover any time taken off to care for my child or am I now not covered under fmla because I have returned to work?

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