FMLA promises a lot of things but paid leave isn’t one of them. FMLA entitles an eligible employee to up to 12 weeks of job-protected, unpaid leave during any 12-month period without interference or restraint from her employer for the following reasons:
• Birth and care of the employee's child, or placement for adoption or foster care of a child with the employee;
• Care of an immediate family member (spouse, child, parent) who has a serious health condition; or
• Care of the employee's own serious health condition.
All three of these reasons are potentially in play before and after the birth of a child, depending on the existence of pregnancy complications, maternal health and newborn health after birth.
The employer may select one of four options for determining how the 12-month period is calculated. It can choose:
• the calendar year;
• any fixed 12-month "leave year" such as a fiscal year, a year required by State law, or a year starting on the employee's "anniversary" date;
• the 12-month period measured forward from the date any employee's first FMLA leave begins; or
• a "rolling" 12-month period measured backward from the date an employee uses FMLA leave.
Leave granted to care for a newborn child or for a newly placed child (adopted or foster) must conclude within 12 months after the birth or placement.
It is important to note also that spouses or partners employed by the same employer may be limited to a combined total of 12 workweeks of family leave for the birth and care of a child or for the placement of a child for adoption or foster care, and to care for the newly placed child. You will definitely want to discuss this in detail with your employer if both parents work for the same covered employer.
This Q&A is an excerpt from our free Maternity Leave Insider eBook. Please feel free to download our FREE book and share with other moms and dads who need it!
What are the Basic Leave Benefits of FMLA?
