Post-Birth FMLA Leave: Can it be taken in shifts? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Post-Birth FMLA Leave: Can it be taken in shifts?

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in FMLA Guidelines,Human Resources

Q. I know employees welcoming a new child into the family can take FMLA leave within 12 months of the child’s birth. But what if the employee takes just eight weeks after birth and returns to work? Can she take another four weeks of FMLA leave about six months later (i.e., still within the child’s first 12 months of life)? — L.O., Texas

A. The answer is no. When leave is taken after a birth (or placement of a child for adoption or foster care), an employee may take leave on a reduced leave schedule or intermittently only if the employer agrees. Such a schedule reduction might occur, for example, when an employee— with the employer’s agreement—works part-time after the birth of a child, or takes leave in several segments.

The employer’s agreement is not required, however, for leave during which the mother suffers a qualifying “serious health condition” in connection with the birth, or if the newborn child has a serious health condition. 

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