Special delivery: FMLA leave applies both before and after birth

Q           Can a pregnant employee start her 14 weeks of Family and Medical Leave Act (FMLA) leave before delivery, and if so, will this shorten her amount of postpartum leave?

Yes. A pregnant employee can start her 12 weeks of FMLA leave before the birth of her child for prenatal care and incapacity related to pregnancy. However, this will reduce the amount of FMLA leave she’ll have available after delivery. Under the FMLA, eligible employees are entitled to up to 12 workweeks of unpaid, job-protected leave in a 12-month period. Leave can be taken before birth for pregnancy-related medical reasons and after birth for bonding with the newborn and recovery. Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave. 

Also, the Pregnant Workers Fairness Act (PWFA) expands on the FMLA by requiring employers to provide reasonable accommodations for qualified employees with known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodations would cause the employer an undue hardship. Undue hardship is defined as a significant difficulty or expense. The PWFA applies to private employers and public sector employers that have 15 or more employees. It also applies to Congress and federal agencies and to employment agencies and labor organizations.