Whether postpartum leave is shortened depends on annual FMLA period

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?

The FMLA guarantees 12 weeks of unpaid leave within a 12-month period. For pregnant employees taking leave to bond with their newborn child, this period usually begins on their date of delivery.

Pregnant employees may take FMLA leave before delivery for prenatal care or if they’re rendered incapacitated by their pregnancy. This use would count toward the 12-week maximum allowance each 12-month period. Whether this shortens an employee’s postpartum leave depends on the employer’s 12-month FMLA period.

Employers can designate their annual FMLA periods in four ways: a 12-month period aligned with the calendar year; a 12-month period set to renew on a fixed schedule, such as an employee’s hire date; a 12-month period commencing when an employee first uses leave; or a rolling 12-month period that looks backward from when an employee uses leave.