Reply to 12-month mark at job is weeks after I give birth

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Reply to "12-month mark at job is weeks after I give birth - how will FMLA work? "

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[quote=Anonymous][quote=Anonymous]OP here. Posting an update in case people in a similar situation try to search for this answer in the future. I will become eligible for FMLA to start on my 1 year job anniversary, while I'm on non-FMLA leave.

The FMLA regulation on employee eligibility states, "An employee may be on non-FMLA leave at the time he or she meets the 12-month eligibility requirement, and in that event, any portion of the leave taken for an FMLA-qualifying reason after the employee meets the eligibility requirement would be FMLA leave.” I quoted that to HR and that closed the case in my favor. I'll be eligible for DC paid family leave to start after childbirth, and then will have the right to 16 weeks DC FMLA in full, starting on my 1 year anniversary. So ultimately more than 16 weeks in total, from childbirth to 16 weeks after 1-year mark. [/quote]You have eligibility fir more than 16 weeks. There are two provisions for DC FMLA - medical (the time to recover from birth, generally 6 to 8 weeks) and then family leave which can be used for the bonding period and is also up to 16 weeks.

So if you have a vaginal delivery and need 6 weeks recovery, you’d have 3 weeks of medical leave under DC FMLA (first 3 weeks being other leave till you are eligible) and then 16 weeks of Family leave for the bonding period. You could be out for 22 weeks - 19 covered under the two provisions of DC FMLA.[/quote]

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