Am I understanding FMLA correctly?
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Anonymous
| I work for a DC-based employer with more than 50 employees and had a vaginal delivery. I've taken 6 weeks of medical leave, which I got short term disability leave for. I'm now currently taking what Aetna is calling "bonding" leave. I had planned to only take 6 weeks in addition to the 6 of medical for a total of 12 weeks but I want to take more time. How much more can I legally take and still have job protection--is it 22 weeks total (6 medical leave, 16 for bonding)? Thanks! |
Anonymous
| You get 16 weeks of job protection total. |
Anonymous
| I thought FMLA was a total of 12 weeks. |
Anonymous
|
https://www.lawhelp.org/files/7C92C43F-9283-A7E0-5931-E57134E903FB/attachments/B2DED09B-F60E-7CD5-001B-C071AFD8DF10/205831FMLA%20Fact%20Sheet%20(Eng).pdf
There's medical leave, which you already took, and family leave, which you are presumably on now. Each is up to 16 weeks. So can be as much as 32 weeks in total. |
Anonymous
| Which jurisdiction? |
Anonymous
sorry, I see it's DC. 16 weeks total. |
Anonymous
DC is more. |
Anonymous
|
In DC FMLA medical and family leave do NOT run concurrently. You get 6 (or 8 week)s medical leave plus 16 weeks family leave.
http://www.dcregs.dc.gov/Notice/DownLoad.aspx?VersionID=3687666 |
Anonymous
Under DC fmla employeers may do up to 16 weeks. http://www.dcejc.org/wp-content/uploads/2012/11/FMLA-Fact-Sheet-DC-MD-VA-Eng-6.2012.pdf |
Anonymous
This. This explanation is also pretty helpful "The DCFMLA also guarantees up to 16 weeks of unpaid medical leave due to incapacitation as the result of pregnancy or to receive prenatal care. This leave may be taken in addition to the 16 weeks of unpaid family leave." http://www.firstshift.org/wp-content/brochures/Pregnancy-Protections-and-Leave-DC-website-updated.pdf |
Anonymous
|
You are correct, the medical leave (6 for vaginal and 8 for c section typically) accrues separately from the family leave, which is 16 weeks.
This is a helpful explanation: https://www.dcbar.org/bar-resources/publications/washington-lawyer/articles/september-2011-taking-the-stand.cfm |
Anonymous
| Haha, all of the lawyers pulled cites and cross posted! The ones with cites are correct, OP. UP TO 16 weeks medical plus 16 weeks family. |
Anonymous
PP here. just to clarify up to 16 weeks medical leave are covered, but medical recovery from birth is generally 6 or 8 weeks depending on whether csection or not. |
Anonymous
| Is this for DC residents, or DC employers? |
Anonymous
| I posted the D.C. Reg link and I'm not a lawyer. I just had to read up on it because my HR was misinformed (twice!). |