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Dec08

FMLA

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Can a mother take FMLA for a minor child for child birth?

Yes and no. An employee can take FMLA to provide physical or psychological care for a son or daughter under 18 with a serious health condition. Pregnancy and childbirth disability are always serious heatlh conditions under FMLA. So an employee could take intermittent FMLA to take her pregnant daughter (under 18) to prenatal appointments, or to stay home with a daughter with pregnancy complications, or after childbirth.

However, new mothers (and fathers) are entitled to up to 12 weeks of time off under FMLA for baby bonding. Grandmothers are not. So once the daughter under 18 was released by her doctor to return to her usual activities, her mother would not be entitled to any additional time off to care for the new baby or to assist the daughter in caring for the new baby.

Different rules might apply in a few states with family leave laws.  The answer would also be different if the daughter was 18 or older.  

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This entry was posted on Tuesday, December 8th, 2009 at 11:47 am and is filed under
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