Human Resource Blog

Bedrest and shared FMLA time

If a woman goes on two weeks of bedrest for a medical reason prior to the birth of a child, does she have 10 weeks of remaining FMLA? Would her spouse still be entitled to take leave? How would the two weeks of bedrest play in to the shared time for the couple.

Yes, the employer can count the 2 weeks of bedrest as FMLA leave, under the federal FMLA or Family and Medical Leave Act. The employee who took 2 weeks of bedrest prior to the babys birth would be entitled to 10 weeks afterwards — FMLA is always limited to 12 weeks total. So an employee who took 8 weeks of bedrest before the baby was born would have only 4 weeks of FMLA afterwards.

Male employees are entitled to up to 12 weeks of unpaid, job-protected FMLA to care for a spouse with pregnancy complications, or to bond with the new baby.

However, when both spouses work for the same company, they are entitled to only 12 weeks total, split between the two. So the mother can take 6 weeks (including her 2 weeks of bed rest) and the father can take 6 weeks. Or, the mother can take 10 weeks (including 2 weeks of bed rest) and the father can take 2 weeks. But their total can equal only 12 weeks of FMLA.

Some states have additional family leave laws that would change this answer.