FMLA - Pregnancy
Posted 11 March 2003 - 01:27 PM
Posted 18 March 2003 - 11:01 AM
To do this, the employer must designate a qualifying absence as FMLA leave, even if the employee requests that the leave not be counted toward the FMLA entitlement. However, a qualifying absence under FMLA must be taken for one of the following reasons (from EBIA):
• because of the birth of an employee’s child and in order to care for the child, if the leave is concluded within 12 months of the birth;
• because of the placement of a child with the employee for adoption or foster care, if the leave is concluded within 12 months of the placement;
• to care for an immediate family member (defined as a child, spouse or parent) who has a serious health condition; or
• because of a serious health condition that makes the employee unable to perform the functions of his or her position.
I don't think routine checkups fit any of the criteria above, even if pregnancy related. Also, you might violate the Pregnancy Discrimination Act by applying FMLA leave only to pregnancy related doctor visits (unless it would qualify as a 'serious health condition" as noted above).
Posted 18 March 2003 - 04:41 PM
(a) For purposes of FMLA, ``serious health condition'' entitling an
employee to FMLA leave means an illness, injury, impairment, or physical
or mental condition that involves:
(2) Continuing treatment by a health care provider. A serious health
condition involving continuing treatment by a health care provider
includes any one or more of the following:
(ii) Any period of incapacity due to pregnancy, or for prenatal
Posted 20 March 2003 - 12:15 PM
You have made some excellent points. However, I don’t see how routine office visits can be considered incapacity related to prenatal care.
As to occasional morning sickness, I have come to understand that a person must be incapacitated for a period of at least 3 consecutive days in order for such incapacitation to be considered FMLA.
Unless a woman is determined to be incapacitated by her doctor during her pregnancy I think there is no FMLA issue.
Posted 20 March 2003 - 02:39 PM
Posted 20 March 2003 - 04:06 PM