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A common misconception is that employees who are eligible for FMLA leave receive 12 weeks of post-birth leave guaranteed.  While that might be true in many, if not most, situations, the truth is that the FMLA covers time off for such things as prenatal care, bed-rest/incapacity related to the pregnancy, and time off for medical complications related to the pregnancy that rise to the level of a serious health condition.  Time taken off for these situations will decrease the 12-week entitlement to FMLA and employers should count it against the entitlement accordingly.  That is not to say that employers need to refuse to allow a new mother the full 12 weeks off post-birth; but whatever time is allowed to be taken over the 12-week entitlement would be under the company’s unpaid leave of absence policy and should not be classified as FMLA.

Thompson Coe and myHRgenius Tip of the Week is not intended as a solicitation, does not constitute legal advice, and does not establish an attorney-client relationship.


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