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May04

FMLA Childbirth and After

What happens if an employee takes 12 weeks off for the birth of a child and has returned to work. Then she finds out the child has a medical condition that will require surgery and additional time off to care for that child. Is she eligible for an additional 12 weeks of FMLA in the same year?

No, FMLA is strictly limited to 12 weeks total in a 12-month period for all reasons combined. Although there are different methods that employers use to calculate the FMLA year, as a general rule once an employee has taken 12 weeks off, she is not entitled to an additional 12 weeks, or even an additional one week of FMLA, during the same 12-month period. This is true, no matter how severe the need for time off is.

Obviously in this case the mother will have to take time off to care for the infant, even if that means losing her job. Some companies would offer additional unpaid time off, but there is no federal law that requires you to.

A few states have family leave laws that might require the employer to grant the employee additional time off.

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This entry was posted on Tuesday, May 4th, 2010 at 6:29 pm and is filed under
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3 Responses to “FMLA Childbirth and After”

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