Benefits and Compensation

FMLA and Becoming a Parent

Most employers subject to the Family and Medical Leave Act (FMLA) regulations are well-versed in its main provisions, namely that it allows up to 12 weeks of leave for any of the following purposes:

  • An employee’s serious health condition;
  • An immediate family member’s serious health condition; or
  • The birth or new placement of a child (which includes time to bond with the child and is available whether the child is born to the parents, adopted, or fostered).

Let’s take a closer look at what this means in practice for employers with new parents in their workforce.

An Overview

Let’s first look at a situation where an employee who is covered by the FMLA is pregnant. The pregnant employee is able to take up to 12 weeks of unpaid FMLA leave during her pregnancy in a situation in which there is a medical necessity to do so. This would fall under the first item above, an employee’s serious health condition.

The employee’s spouse may also have the option to take FMLA leave to care for his or her wife if there is a serious medical concern during or after the pregnancy. (Note: The FMLA now provides full benefits to same-sex spouses, and this applies anywhere the spousal benefit is relevant.)

Another way the FMLA applies to new parents is the third item above, baby bonding time. A new parent can take any remaining FMLA leave to spend time with the child after the child is born. If no other FMLA leave was previously taken, any amount up to the full 12 weeks of unpaid leave could be taken for this purpose. In the United States, since maternity and paternity leave are not mandated at the federal level, many new parents use FMLA leave as a form of unpaid maternity or paternity leave. Be aware, however, that if the spouses work for the same employer, the employer is allowed to limit the time off to a total of 12 weeks for both employees—not 12 weeks each—when the purpose of the leave is baby bonding.

State Considerations

What we’ve just outlined is the FMLA regulations at the federal level as they apply to new and expecting new parents. At the state level, however, there are additional considerations because several states have their own version of medical and pregnancy leave laws that often have additional provisions that go beyond the federal FMLA requirements. Often in these cases, the laws are similar enough that any leave taken as noted above would likely be taken concurrently (i.e., meeting the regulations of both state and federal regulations and being taken at the same time). But in cases where the laws give additional benefits to the employee, the employer will need to follow those additional requirements—which could mean additional leave time is required.

Let’s take California as an example. It has its own version of the FMLA called the California Family Rights Act (CFRA). It also has the Pregnancy Disability Leave (PDL) Act. Which act or acts apply will depend on the details of the situation. In this example, pregnancy disability is not covered under the CFRA since the PDL exists separately. This creates a situation in which a woman in California who takes PDL leave (and likely her FMLA leave concurrently) for a problem during pregnancy could still have some CFRA leave left to take for baby bonding time. This way, she could take more than 12 total weeks of leave time in the same leave year under these different state and federal provisions.

This situation clearly illustrates the importance of understanding the impact of both state and federal laws before proceeding.

*This article does not constitute legal advice. Always consult legal counsel with specific questions.
 


About Bridget Miller:

Bridget Miller is a business consultant with a specialized MBA in International Economics and Management, which provides a unique perspective on business challenges. She’s been working in the corporate world for over 15 years, with experience across multiple diverse departments including HR, sales, marketing, IT, commercial development, and training.

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