Q. I know employees welcoming a new child into the family can take 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 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.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Only truly outrageous conduct can add up to intentional infliction of emotional distress
- Bring domestic violence out of the workplace shadows
- Your I-9 forms: The 5 most common mistakes ... and how to avoid them
- Employee wants FMLA leave: Can we contact her health care provider?