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Expiration of FMLA Leave

by The Human Equation, Inc. on 10/13/2008
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After her spouse decided to return to work following the birth of their child, one of my employees requested 12 weeks of leave under the Family and Medical Leave Act (FMLA) to care for her healthy 13-month old daughter. Is my employee entitled to FMLA leave under these circumstances?

No. The Family and Medical Leave Act of 1993 (FMLA), which generally applies to employers with 50 or more employees, was enacted to balance the demands of the workplace with the needs of families by allowing covered employees to take reasonable leave for medical, health, or family reasons. Under the FMLA, an eligible employee is entitled to take time off from work following the birth of a son or daughter to care for the child. However, an employee's entitlement to FMLA leave following the birth of a child expires at the end of the 12-month period beginning on the date of the birth. This 12-month expiration period also applies to FMLA leave that is taken following the placement of a child for adoption or foster care.

Once the 12-month period expires, this employee would be entitled to FMLA leave to care for her child only if the child suffered from a serious health condition. Since the child in this situation is healthy, the employee in question is not entitled to FMLA leave.

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Categories: 2008

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