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Can you get fmla for pregnant girlfriend

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Q : A female employee requested two weeks off to be with her pregnant girlfriend when she gives birth. The employee is not married or living with this girlfriend, and the baby is not biologically hers. Of course we will give her the time off, but does it count as FMLA? In order to qualify under the FMLA, the employee must be taking time off to care for a spouse, child or parent with a serious health condition. Since the employee is not married to her girlfriend, then the time spent caring for her during pregnancy prior to birth will not count as FMLA. The FMLA would allow the employee to take time off to attend the birth and to bond with the new child, if the employee intends to act as a parent to this baby by taking on day-to-day responsibilities to care for or financially support the child.

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FMLA’s Special Rules Favor Unmarried Parents

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What are your legal rights regarding family leave from work? The term "maternity leave" has become so much a part of our common vocabulary that we assume it's a fact of working life. But there is no nationwide standard or law that applies to everyone. To get time off, retain your job, and receive any pay at all, you must rely on a patchwork of federal, state, and individual company policies.

The bottom line? You could fall through the gaps of the system if you're not prepared. That's why it's so important to know what you're entitled to in your work situation long before you pack your bag for the hospital.

The term " maternity leave " encompasses two types of leave:. Maternity disability or medical leave refers to the period of time usually six weeks for a normal vaginal delivery and eight weeks for an uncomplicated cesarean delivery after the birth, during which you are medically unable to work as you recuperate.

Family leave refers to the time you spend caring for your baby after recuperating. You can begin the 12 weeks before you give birth , but then you'll have less time afterward. FMLA provides new parents — including fathers and adoptive parents — with 12 weeks of unpaid leave to care for a newborn or newly adopted child. When your leave is over, your employer must reinstate you to the same or an equivalent job. And if your employer provides health insurance, the company or organization must continue to provide it during your leave.

But to qualify, you must work for a company that employs at least 50 people within a mile radius. On your end, you'll need to have worked for the company a minimum of 12 months and 1, hours. Depending on your company or the state you live in, you may receive medical leave or maternity disability, which refers to the period of time generally six weeks for a normal vaginal birth , eight weeks for an uncomplicated cesarean delivery that you are medically unable to work as you recover from childbirth.

If you're not covered by FMLA, it's all the time you get. If you have the coverage, this disability period is part of your 12 weeks. In other words, you can't take 6 weeks of medical leave after your baby is born and then tack on 12 weeks of FMLA. It's a start. FMLA leaves many behind; people who are self-employed or who work in small businesses, such as a neighborhood grocery or restaurant. And even if you have both FMLA and medical or disability leave, you may still run into problems.

If you give birth to a preemie who is in the hospital for four weeks after birth, you'll only have the remaining eight to spend with her. And if you have a complicated pregnancy that requires weeks of bed rest , you may use up all of your leave before you even give birth. Ultimately, says Ness, "We're still a long, long way from where we need to be. However, a company can require an employee to make vacation and sick days part of the 12 weeks off.

Time off is one thing; money is another. In order to get any pay while you're on leave, your company must offer paid leave or provide temporary disability insurance as a benefit; such insurance pays about 60 percent of your wages. Unfortunately, many companies don't do either. Law-wise, Californians are the luckiest women of all. That means that no woman in California has to go for 12 weeks without pay.

A new mom could draw on her state disability for her first six to eight weeks postpartum. Then, she would receive family leave insurance until she gets to 12 weeks. If none of the above situations apply to you, you may be able to use accrued vacation, sick days, or personal days to help you get by.

But the option of using sick leave is simply not a reality for many. What's more, some companies don't allow employees to use their sick days to care for others, even a new baby. So for women in the workplace, it makes sense to know your company's policy before your pregnancy so you can plan financially. If your employer is not bound by any leave laws, you may find help through the Pregnancy Discrimination Act of If your company has 15 or more employees and held a person's job during another type of medical disability — say, a heart attack or car accident — then it must reinstate you after medical disability due to pregnancy.

National Association of Working Women. For more information on the FMLA, or if you are denied leave or reinstatement to work, call By Amy Zintl. Save Pin FB ellipsis More. Image zoom. The FMLA covers those who meet each of the following criteria:. They have been at their current job for at least 12 months and 1, hours They are employed by a company with at least 50 employees within a mile radius. If all of the above criteria are met, the FMLA requires a company to:. Provide for 12 weeks of unpaid leave to care for a newborn or newly adopted child Continue prior health insurance coverage during time off Allow the employee to return to the same or an equivalent job.

If you have questions about what you're legally entitled to, here's where to start:. For advice from the Job Survival Hotline, call For information on the FMLA and various state laws, call Department of Labor. Comments Add Comment. Close Share options. Tell us what you think Thanks for adding your feedback.

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Know Your FMLA Maternity Leave Rights

When it comes to family leave, the focus is often on new moms. Per the Department of Labor :. Under the regulations, a mother can use 12 weeks of FMLA leave for the birth of a child, for prenatal care and incapacity related to pregnancy, and for her own serious health condition following the birth of a child. A father can use FMLA leave for the birth of a child and to care for his spouse who is incapacitated due to pregnancy or child birth. There is one catch, however: not every employee is eligible.

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The FMLA regulations are very clear that male employees are entitled to FMLA caregiving leave only when their wives are pregnant—not their girlfriends. FMLA changes—the 1 hassle of , and likely of The FMLA statute and regulations have special provisions that apply when married parents work for the same employer. Assuming that the newborn or adopted child does not suffer from a serious health condition and neither employee is also using military caregiver leave, they may take no more than 12 weeks of leave between them to care for their new child. The employees can split those 12 weeks in whatever way they like.

Frequently Asked Questions and Answers About the Revisions to the Family and Medical Leave Act

What are your legal rights regarding family leave from work? The term "maternity leave" has become so much a part of our common vocabulary that we assume it's a fact of working life. But there is no nationwide standard or law that applies to everyone. To get time off, retain your job, and receive any pay at all, you must rely on a patchwork of federal, state, and individual company policies. The bottom line? You could fall through the gaps of the system if you're not prepared. That's why it's so important to know what you're entitled to in your work situation long before you pack your bag for the hospital. The term " maternity leave " encompasses two types of leave:.

Yes, Dads Are Entitled to FMLA Leave

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Taking FMLA Leave for Pregnancy and Childbirth

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Unmarried employee entitled to FMLA when girlfriend gives birth?

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And if you have a complicated pregnancy that requires weeks of bed rest, you may use up all of your leave before you even give birth. Ultimately, says Ness, "We'.

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