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Jan16

FMLA - Intermittent Leave for Pregnant Employees

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I realize that FMLA provides for intermittment leave in cases of serious health conditions. Typically, the reason for the intermittment leave is for medical treatment, recovery, or to provide care to an immediate family member.

Under the FMLA, is an employer required to allow a pregnant worker to work part-time during the pregnancy if her doctor requires it as intermittment leave? I understand we can allow it, but is an employer required to allow a full-time employee who works 5 days per week work only 3 days per week?

Thanks for your feedback.

Yes, an employer is required to allow a worker with a serious health condition to work part time, using FMLA leave intermittently. This does not just apply when a worker is pregnant. Your assumption that FMLA leave is only for medical treatment is not correct. An employee who is incapacitated by any serious health condition can use FMLA intermittently to work just 3 days per week, or just 4 hours per day, or whatever the employees doctor requires. Often, this applies when a worker is undergoing chemotherapy, or recovering from a heart attack or a stroke.

Pregnancy is always a serious health condition under FMLA.

You are correct that an employee can take FMLA for a serious health condition, or to care for an immediate family member with a serious health condition. Employees of either sex can also take up to 12 weeks of FMLA to bond with a newborn or newly adopted child, within the childs first year of life. When an employee takes time off for baby bonding under FMLA, the employer can choose whether to allow the leave to be intermittent, or to require that the entire leave be taken at one time. However, under all other circumstance, the employer does not have that choice. An employee who is qualified for FMLA and requests intermittent leave must be granted it.

If an employee who normally works 5 days per week goes to 3 days per week, she is using 2/5 of a weeks FMLA each week.

The good news here is that FMLA for all reasons is limited to a total of 12 weeks per year. So if an employee takes time off when she is pregnant, it reduces the time she can take for baby bonding after the child is born, under FMLA. The employee is entitled to a total of 12 weeks of FMLA, combined, for all reasons. If an employee takes the equivilant of 4 weeks of FMLA leave before the baby is born, she is entitled to just 8 weeks of FMLA after the baby is born.

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12 Responses to “FMLA - Intermittent Leave for Pregnant Employees”

  1. FMLA law Family Medical Leave Act update, Latest cases on FMLA Law : FMLA Law News Update Jan 19 Says:
    January 19th, 2009 at 2:03 pm

    […] ยป FMLA - Intermittent Leave for Pregnant Employees Human Resource Blog I realize that FMLA provides for intermittment leave in cases of serious health conditions. Typically, the reason for the intermittment leave is for medical treatment, recovery, or to provide care to an immediate family member. … Human Resource Blog - http://www.humanresourceblog.com/ Suits In The WorkPlace : FMLA Deconstructed This is just a quick reminder that the final regulations to the FMLA, issued on November 17 by the Department of Labor, take effect today. The final regulations will implement the new military leave entitlements and make a variety of … Suits In The WorkPlace - http://suitsintheworkplace.com/blogs/default.aspx […]

  2. trans cul Says:
    January 2nd, 2010 at 3:49 pm

    I think you should write on the whole thing more often

  3. Caitlin Says:
    January 3rd, 2010 at 11:40 am

    Thanks, trans!~ Caitlin

  4. cindy Says:
    September 18th, 2010 at 7:13 am

    i was wondering if you could go to 3 days a week if you are pregnant and have gestional diabetes?

  5. Caitlin Says:
    September 18th, 2010 at 7:22 am

    Hi cindy! There is no law that permits a pregnant employee to pick and choose the schedule she will work. You may qualify for unpaid leave under FMLA. However, you are only entitled to a total of 12 weeks for all reasons. This means that each day you take off before the baby is born is one less day of leave that you will have after the baby is born. HTH, and thanks for reading the blogs!~Caitlin

  6. Hobert Ratti Says:
    January 11th, 2011 at 5:04 am

    Hello,my dear ,you blog is really great!

  7. Caitlin Says:
    January 11th, 2011 at 6:04 am

    Thanks for the kind words, Hobert!~ Caitlin

  8. Jenny Says:
    January 17th, 2012 at 2:59 pm

    Hello. Is there a specified amount of time that can be used for “baby bonding”, or is the amount of FMLA time allowed for use after the birth of the baby, solely, determined by the length of time off authorized by the physician for post-postpartum recovery? Basically, I am wondering if baby bonding time is an additional allotment of FMLA time usage (within the permitted 12 weeks) or if continuous FMLA leave is determined solely by the amount of recovery time the physician authorizes?

  9. Jenny Says:
    January 17th, 2012 at 3:09 pm

    More directly, I was advised by my employer that if my physician states I will need 6 weeks to recover postpartum (assuming I have the full 12 weeks unused), only that exact amount of continuous leave will be able to be utilized. If my doctor says I need 6 weeks to recover, and I would like to use 2 additional weeks for baby bonding, is that permitted without my physician stating that I need a full 8 weeks?

  10. Caitlin Says:
    January 17th, 2012 at 3:47 pm

    Hi Jenny! It sounds like you are not covered by the federal FMLA. It could be that you work at a location with fewer than 50 employees within 75 miles. You may not have worked enough hours in the past 12 months to qualify. Or, you may not have worked for the company for 12 months. Because the employer is treating you as if you are not covered by FMLA. When a new mother is not covered by FMLA, she is frequently entitled only to leave for the period when she has a short term disability — usually 6 to 8 weeks postpartum.
    If you are covered by FMLA, you are entitled to a total of 12 weeks of unpaid, job-protected leave for all reasons combined. This includes prenatal doctors appointments, childbirth, postpartum recovery and baby bonding leave. For example, FMLA permits you to take 6 weeks of leave due to your short term disability (postpartum recovery) plus 6 weeks of unpaid, job-protected leave to care for your baby, with no return to work in between. In fact, under FMLA, both new mothers and new fathers are entitled to 12 weeks of leave for baby bonding, even if there is no disability. For example, when a new baby is adopted, both parents are entitled to 12 weeks of FMLA. This is a complex topic, so feel free to post additional questions. HTH, and thanks for reading the blogs!~ Caitlin

  11. JN Says:
    February 20th, 2012 at 7:58 pm

    I should also add that I will most likely not be taking any FMLA after the baby is born since he will arrive in the summertime. Thanks!

  12. Caitlin Says:
    February 21st, 2012 at 6:49 am

    Hi JN! Sorry, but the first part of your post seems to have been lost. Did you have a question?~ Caitlin

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