Who decides when I take myFMLA leave when if I’m pregnant?

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Who decides when I take myFMLA leave when if I’m pregnant?

I am pregnant and expect to deliver within the next 4 weeks. I applied for my FMLA leave at work. I just wondered if they could deny me the leave since it’s still early?

Asked on January 16, 2012 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You could be denied, since the Family and Medical Leave Act does NOT allow an employee to take leave prior to the birth of a child--unless the leave is for a serious medical condition (which may or may not be pregnancy realted). FMLA leave in relationship to childbirth is for the bith of the child and for caring for the child after it is borne--not for pre-birth leave while still pregnant.


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