FMLA leave for pregnancy can start before the baby arrives

Q           Can a pregnant employee start their 12 workweeks of Family and Medical Leave Act (FMLA) leave before delivery, and if so, will this shorten their amount of postpartum leave?

Yes, if eligible, a pregnant employee may take their FMLA leave before the delivery of their child. For context, the FMLA is the federal law that provides eligible workers with 12 weeks of unpaid, job-protected leave for certain family and medical reasons, including pregnancy. This means an employee could use up to 12 weeks of FMLA leave to recover from the birth of a child or for any other serious health condition following childbirth.

Any period of incapacity experienced before childbirth will be considered a serious health condition eligible for FMLA leave as well. Pregnant employees may find themselves unable to work before the birth of their child for a variety of reasons. For instance, an employee may need time off because they are experiencing severe morning sickness, or they might have to miss work to attend prenatal doctors’ appointments. Even though such absences would occur before childbirth, employees are still able to use FMLA leave for this time away from work.

Overall, if an employee must take FMLA leave during their pregnancy, that time away will in fact be counted against their 12-week entitlement. In other words, any time taken before delivery will shorten the amount of FMLA leave that they can take postpartum.