What are the legal requirements for a person that has taken maternity leave?
The FMLA applies to all:
1) public agencies, including State, local and Federal employers, and local education agencies (schools); and,
2) private sector employers who employ 50 or more employees
for at least 20 workweeks in the current or preceding calendar year - including joint employers and successors of covered employers.
To be eligible for FMLA leave, an employee must work for a covered employer and:
have worked for that employer for at least 12 months; and have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and, work at a location where at least 50 employees are employed at the location or within 75 miles of the location.
A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave in a 12 month period for one or more of the following reasons:
1) for the birth of a son or daughter, and to care for the newborn child;
2) for the placement with the employee of a child for adoption or foster care, and to care for the newly placed child;
3) to care for an immediate family member (spouse, child, or parent — but not a parent "in-law") with a serious health condition; and
when the employee is unable to work because of a serious health condition.
Leave to care for a newborn child or for a newly placed child must conclude within 12 months after the birth or placement. (See CFR Section 825.201)
Spouses employed by the same employer may be limited to a combined total of 12 workweeks of family leave for the following reasons:
1) birth and care of a child;
2) for the placement of a child for adoption or foster care, and to care for the newly placed child; and,
3) to care for an employee's parent who has a serious health condition. Does the type of delivery (vaginal, or cesearan) determine how long?
No - you can take up to 12 weeks for the birth of a child under the FMLA regardless of the type of delivery.And, if it was a high risk pregnancy also effect the length of time away from the work
No - you can take up to 12 weeks for the birth of a child under the FMLA for the birth regardless of the risk associated with the birth.
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