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The
Family And Medical Leave Act
Your pregnancy was perfect. Delivery was painful but normal. Baby
is adorable. All you want to do now is hold your child, sing
lullabies, and rock your beautiful newborn to sleep. Fortunately,
federal law may require that your employer provide you with up to 12
weeks of leave to do exactly that.
The
Family and Medical Leave Act (FMLA) is a federal law that requires
most employers with at least 50 employees to give their employees up
to 12 weeks of leave to care for their newborn child.
To
qualify for the leave, an employee needs to have worked for the
employer for at least a year and have worked at least 1250 hours in
the past 12 months. The employee must also work in a location where
the employer employs at least 50 individuals within a 75 mile
radius.
While you don’t have to take FMLA immediately after the birth of
your child, any leave you take to bond with your child must end
within one year of the birth of your child.
Your employer is not allowed to retaliate against you for requesting
leave under FMLA. In fact, your employer must provide you with
information regarding your right to take FMLA leave.
You
also have obligations under FMLA. Most importantly, you must notify
your employer of your intent to use FMLA. Generally, you need to
give your employer 30 days notice of your intent to take leave. If
an unexpected emergency arises, you need to notify your employer as
soon as possible. Your spouse or other family member can provide
notice on your behalf.
So
long as you provide reasonable notice in an emergency, your employer
cannot refuse to grant you leave if you would otherwise qualify for
FMLA. On the other hand, if you have a normal pregnancy and birth
and did not tell your employer of your desire to take FMLA after
your child’s birth, your employer may require that you wait to take
leave until the requisite notice period has passed.
FMLA leave is unpaid, though there may be other laws such as
California Paid Family Leave that can provide you with some income
during your leave.
Also, FMLA is the federal law regarding taking leave for the birth
of a child. California has its own laws relating to family leave.
While often similar to federal law, it is important to understand
that there are distinctions. In fact, California law often provides
greater protection for pregnant women.
For more information on the Family Medical
Leave Act, or other leave time available to pregnant women and
parents, visit LAPregnancy's sponsor today at
www.pregnancylawyer.com or call Attorney
Sarah B. Schlehr directly at (310) 492-5757.
This Belly
Scoop has been sponsored by Sara Schlehr, The Pregnancy Lawyer for
you! |
