FMLA - does employer impose it on pregnant employee from time her DBL begins.

My employee is pregnant, due any day. Her last day was 7/15 and she's going out on NYS DBL. Does the company "force" FMLA on her at the same time as she collects her DBL -- or let's say after four weeks the dr. says she can go back to work and her DBL ends -- but then she decides to stay home with the baby another 6 weeks.

Question is: When should FMLA start, in the beginning of her leave, or when she is well and just wants to stay home with her child.

1 answer  |  asked Jul 17, 2005 11:10 AM [EST]  |  applies to New York

Answers (1)

David M. Lira
When FMLA Leave Applies

I would urge you to call an attorney for an in-dept consultation covering your particular situation.

Here, I use you fact situation only as grist for a general discussion:

FMLA does not even apply unless the employer has at least 50 employees within a 75 mile radius of the employee's worksite. Even if the employer is big enough, the employee, generally -- the precise rules are a bit more tricky -- needs to have been with the employer for one year before becoming entitled to FMLA leave.

Provided that an applicable occurrence takes place, all that FMLA does is restrict an employer's ability to terminate an employee for a period of 12 weeks. One of those applicable occurrences is the birth of a child. (This type of leave is available to both the mother and father.)

FMLA leave is in addition to sick leave and vacation, unless the employer has a policy requiring employees to take sick lewave and/ or vacation as part of FMLA leave.

If we leave aside the complications that sick leave and vacation may create, FMLA generally begin on the first day the employee is out.

posted by David M. Lira  |  Jul 18, 2005 09:35 AM [EST]

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