When does 12 weeks leave under FMLA start?

[Anonymous]

From estimated due date or actual date of arrival?

Also, if I wanted to take 2 weeks off prior to my due date, can I add 2 weeks of annual leave on to 12 weeks unpaid leave under FMLA?

Thanks!

[Anonymous]

OP again....

Or can I start LWOP under FMLA at 38 weeks for 2 weeks, take 2 weeks sick leave following birth, then an additional 10 weeks LWOP (for a total of 14 weeks off)?

[Anonymous]

You can start FMLA whenever you want as long as your doctor completed the FMLA paperwork and stated that you need the leave. You might want to start before your due date if you have a complication with your pregnancy, need to be on bed rest or something like that, but keep in mind that you have only 12 weeks of FMLA so if you take a few weeks before the baby's arrival you will have less time with the baby once the baby is there. You can take vacation time whenever you want. You might want to call HR at your company b/c your company might have specific policies related to maternity leave. I just told you the way it works at my company but it might be different in your company.

[Anonymous]

You can start it whenever you want - before, on or after your due date.

It will depend on your company to determine if you can combine it with other leave (paid -sick or annual, or unpaid).

[Anonymous]

You can add anything to extend your leave but it is subject to your employer's approval. If you work in DC, you can take FMLA up until your delivery for your own 'medical condition' - be prepared to provide documentation for bedrest or the like. You can then take 16 weeks of FMLA to care for your child. FMLA starts whenever you elect it for medical condition and when your child is born if you are taking it twice. If you are not in DC, your FMLA begins whenever you elect to take it. Your disability pay is a different story and depending on the carrier, could start two weeks before the expected due date in some cases. In my case, I didn't have enough paid time accrued to allow me to take longer than my 12 weeks (don't work in DC), nor would my employer allow me to take longer than the FMLA time. I used vacation, sick time and disability pay to make up the 100% pay while on leave. I took my FMLA two weeks before delivery date since I was so uncomfortable.

[Anonymous]

PP here, I should also add that in MD and VA the employer can decide whether to let you take it unpaid or force you to use accrued leave. In DC it is the employee's decision on how they wish to be paid or unpaid during FMLA.

[Anonymous]

You can then take 16 weeks of FMLA to care for your child

If you are a Fed, you are only entitled to 12 weeks of FMLA, even if you work in DC. Your agency may be flexible and may allow more leave, but are under no obligation to do so.

[Anonymous]

Anonymous wrote:

You can then take 16 weeks of FMLA to care for your child

If you are a Fed, you are only entitled to 12 weeks of FMLA, even if you work in DC. Your agency may be flexible and may allow more leave, but are under no obligation to do so.

PP is correct. I meant to say that if you work in DC but not for the government. DC FMLA is very generous..........if you don't work for the government.

[Anonymous]

Anonymous wrote:You can add anything to extend your leave but it is subject to your employer's approval. If you work in DC, you can take FMLA up until your delivery for your own 'medical condition' - be prepared to provide documentation for bedrest or the like. You can then take 16 weeks of FMLA to care for your child. FMLA starts whenever you elect it for medical condition and when your child is born if you are taking it twice. If you are not in DC, your FMLA begins whenever you elect to take it. Your disability pay is a different story and depending on the carrier, could start two weeks before the expected due date in some cases. In my case, I didn't have enough paid time accrued to allow me to take longer than my 12 weeks (don't work in DC), nor would my employer allow me to take longer than the FMLA time. I used vacation, sick time and disability pay to make up the 100% pay while on leave. I took my FMLA two weeks before delivery date since I was so uncomfortable.

this is not entirely accurate. In DC - you have 16 weeks TOTAL every 2 years for FMLA leave. The leave is total for the 2 years, not for each individual qualifying event. So if you take FMLA leave to care for yourself (your own medical condition) the clock starts then for the 2 year period. And the number of weeks starts at that stage, too. So if you go out of FMLA leave, say, 2 weeks before you have the baby, the DC law (which is more generous than the 12 weeks under federal law) entitles you to 14 more weeks to care for the baby. Your employer may have a more generous policy so you should always double check with your HR. FMLA is a complicated area of the law and you're not going to want to rely on DCUM for advice. (And I realize the irony of that statement given my advice above.)

[Anonymous]

I know this thread is dated, but I thought I would reply in case someone was reading the archives. PP is not correct about DC FMLA, in a 24 month period, it allows for up to 16 weeks in connection with the birth of a child and a separate 16 weeks for your own or a family member's serious medical condition. So there is the potential for up to 32 weeks of protected leave. Leave for complications from pregnancy that arise before birth should typically be considered a leave for a medical condition and should not count against the 16 week allotment for family/childbirth leave.