Q. A pregnant employee eligible for
A. Under the FMLA, an employee's right to 12 weeks of leave for birth is set in stone. That leave generally must be taken within 12 months after the birth. You can insist that employees first use their paid leave and count that toward their total FMLA time. So, in this case, the employee's 12 weeks of sick time could run concurrently with her FMLA time. (Such a policy prevents employees from “stacking” paid leave on top of unpaid , which gets them back to work faster.)
The FMLA isn't the real source of your problem. Your problem is an unusually generous sick leave policy. Most employers (especially in the private sector) don't have sick leave policies that let employees accrue 12 weeks of paid leave. Consider amending your sick leave policy so that you either limit the amount of sick leave that employees may accrue or offer a cash payout for unused sick leave at year-end.
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- How do California and federal laws treat surrogate motherhood?