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  1. #1
    Join Date
    Oct 2012
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    2

    Default Does the FMLA Cover Pregnancy

    My question involves labor and employment law for the state of: CO

    If an employee is due to have a baby one week after their eligibility for FMLA leave but is told by the doctor the baby may come earlier than the eligibility date, is the person still covered under FMLA? Do they need to have the doctor update the Certification of Health Care Provider form as well?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: FMLA - Pregnancy

    They are covered under FMLA from the date that they become eligible. So the time she took off prior to her eligiblity date would not be covered under FMLA - any time she took from the eligibility date forward would be.

    I don't see any reason to get a new certification from the doctor. It's not like there's a question whether she's pregnant or not.

  3. #3
    Join Date
    Oct 2012
    Posts
    2

    Default Re: FMLA - Pregnancy

    Quote Quoting cbg
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    They are covered under FMLA from the date that they become eligible. So the time she took off prior to her eligiblity date would not be covered under FMLA - any time she took from the eligibility date forward would be.

    I don't see any reason to get a new certification from the doctor. It's not like there's a question whether she's pregnant or not.
    That's what I thought as well concerning the eligibility date.

    What if the company is in the process of responding to the FMLA request when the employee indicated the baby may come before their eligbility date. If they say yes you're eligible based on the condition and the original estimated delivery date, yet the baby comes and leave is taken before said eligibility date, is the company required to honor the FMLA request? And if not do they have to reissue a FMLA determination to the employee?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: FMLA - Pregnancy

    You do not have to do a single thing until she is eligible. Her eligibility does not change based on when her child is born - FMLA eligibility is set by Federal law.

    However, if you plan to refuse her FMLA once she becomes eligible on the basis that her leave started before she was eligible, you'd better be damned sure that (1) you would do exactly the same thing for the male employee who breaks his leg shortly before becoming eligible for FMLA and (2) that you have a hard and fast, carved in stone, never for a single instance waived, company policy that no one is eligible for a single day of medical leave prior to becoming eligible for FMLA. Otherwise, you might find yourself on the wrong end of not one but two very nasty lawsuits.

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