FMLA and maternity leave

[alexa]

I have an employee who took 8 weeks of FMLA after the birth of her child and is coming back to work; she is eligible for 12 weeks of FMLA

Can she take the addiitonal 4 weeks as long as it's before the 12 months after birth?

Her parents from India are coming to visit for a month in the summer to see their little granddaughter and the employee wants to take the additional 4 weeks then rather than the 12 weeks now.

[oriecat]

I believe that would be concerned leave on an intermittent basis, as the leave wasn't taken all at once for the same reason, and for the birth of a child, you do not have to grant intermittent leave for the birth of a child, unless the employer agrees to it.

http://www.dol.gov/dol/allcfr/ESA/Title_29...9CFR825.203.htm

(b)When leave is taken after the birth ..., an employee may take leave intermittently or on a reduced leave schedule only if the employer agrees. Such a schedule reduction might occur, for example, where an employee, with the employer's agreement, works part-time after the birth of a child, or takes leave in several segments.

So if you want to agree to it, then that's fine, but you don't have to.

[Guest ellyn]

What state are you located in?

In California, employees are granted 12 additional weeks of CFRA (California Family Rights Act). This can be used on an intermittent basis up to the one year birthday of the child.

In addition, if the employee only used 8 weeks of their FMLA time, they still have the additional 4 weeks to utilize for the care of a family member, etc. etc.

Also, keep in mind that beginning in July the new paid leave begins which opens new doors for employees who normally would not initiate a leave due to the unpaid status.

[alexa]

Yes, I am familiar with the CA law; my ex-employer had work locations in approx. 50 states

My current employer has work locations in VA and PA.