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
- Courts look at unpaid, off-the-clock work when tallying 1,250-hour FMLA threshold
- Insubordination policy trumps progressive discipline
- FMLA: How can we be sure employee must care for her grandchild?
- Incentive pay hours don't count toward the 1,250 hours required for FMLA leave