Reply to PSA on DC FMLA

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[quote=Anonymous][quote=Anonymous]I don't know if anyone can answer this question...

But if I'm giving birth a few months before I become eligible for DC FMLA, does anyone know if that means I can take DC FMLA time exactly when I hit my one-year anniversary with the company? Is there any way the company could deny that, and would I still need to get a doctor to certify that I'm unable to work for that time?

I was looking at the DC law and it looked like I should be able to take that time as long as the baby is less than 1 year old, but I'm just afraid that HR is going to be like "Well you already had your baby, so no you can't take it unless you have certification from your doctor that you medically need it."[/quote]

It would be up to the company.  There is no requirement under FMLA or DCFMLA that they grant you any leave at all at the time of the birth, if you are not in fact eligible for such leave.  Their policies may exceed the legal requirements and, in that case, if you become eligible during the leave period, you may have a legal right to return to your job.   Either way, I would strongly suggest talking with your company to figure out their position, and your options, before your leave.  While you are entitled to know and exercise your rights, you should be sensitive to not being viewed as gaming the system in any way.  To go out on STD, then "touch base" only to request 16 more weeks could be viewed as disruptive and/or unprofessional.  (Not that I am suggesting you would do this, just that it should be avoided.)[/quote]

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