Ask The Lawyer

By Debra Roth

Q & A Session – Using FMLA Leave

Bookmark and Share

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

I am a leave manager and would like some additional guidance on when to notify employees of their FMLA rights and when they should invoke their rights. What if a pregnant woman has accrued two months of leave but hopes to take three months off to care for her newborn, when should I encourage her to invoke her FMLA rights?

A:

The Office of Personnel Management’s rules governing FMLA guidelines are found at 5 CFR §630.1201 et. seq. Those rules explain that it is up to the employee to decide whether or not to take FMLA leave. 5 CFR §630.1205 in particular emphasizes that an employee is free to decide what type of earned leave he or she will request

However, according to 5 CFR §630.1203(a)(1), an employee in the situation you describe may take up to twelve weeks of earned FMLA leave for childbirth and newborn care, assuming she has not already used a portion of her FMLA leave. Such leave must be taken within twelve months of the birth, per 5 CFR §630.1203(d). An employee taking leave for childbirth should provide at least thirty days prior notice. 5 CFR §630.1206(a). She may request to use other types of leave to supplement her FMLA leave. 5 CFR §630.1205.

 

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

Tags: ,

Comments

  1. Adele Tanguy Says:
    August 31st, 2011 at 3:27 pm

    I filed the US Dept of Labor form WH-380-E in advance of requesting leave under the FMLA regulations for chronic health conditions. I used FMLA annual, sick and LWOP this last pay period and my supervisor put me on leave restriction. The memo she sent me clearly indicates that I was using FMLA leave.

    I had been on a schedule that permitted me to work 5 hours Tuesdays and Thursdays and then come in on Saturday. I used the time for physical therapy sessions and doctors’ appointments. She changed my schedule to allowing me only Tuesday mornings; she didn’t want me to work Saturdays. That means that I can no longer participate in the recommended 2 sessions of weekly physical therapy. I am using more leave because of the changed schedule and she notes the increased use of leave in the memo.

    Do I have any recourse? I’m over 60 and partially handicapped. I have always provided medical documentation when asked, in addition to the FMLA form.

Leave a Reply

PLEASE NOTE! Do not submit ANY questions via the Comments form. Instead, please send your questions directly to lawyer@federaltimes.com. Questions submitted via the Comments form will NOT be answered!