Navigating maternity leave under FMLA

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

Under the FMLA, eligible employees are entitled to up to 12 weeks of unpaid, work-protected leave during a 12-month period. Eligible pregnant employees can begin their 12 weeks of FMLA leave before delivery, but doing so will reduce the amount of leave available to them after delivery.

Under the FMLA, pregnancy qualifies as a serious health condition if it involves incapacity or ongoing treatment by a clinician. As a result, if employees need leave before delivery because of pregnancy-related issues, they can use FMLA leave before delivery. Accordingly, any FMLA leave taken before delivery counts against the 12-week total, leaving fewer weeks available to employees after delivery for bonding with the infant or resting.

Patrick M. Ngalamulume is an attorney in the Boise, Idaho, office of Parsons Behle & Latimer. He can be reached at 208-562-4850 or pngalamulume@parsonsbehle.com.