Legal Question in Employment Law in Florida

I am a registered nurse employed by a large hospital. I will be having a home birth unassisted. I do not have an attending physician, midwife, etc. My workplace requires the "Family Medical Leave Act" paperwork to be submitted prior to going on maternity leave. This paperwork is to be completed by your attending physician/midwife. It states that you are "medically" allowed to leave work for the birth of your child for up to 12 weeks. As noted above I do not have an attending physician/midwife to sign this sheet. What are my rights in this situation? I am afraid I have backed myself into a corner by choosing the home birth. It would be very disappointing to lose a professional job for something that was intended to be a wonderful, private experience ruined by "BIG BROTHER". Thanks--Christina


Asked on 2/03/10, 1:47 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

I understand you want your privacy, but you must know it is risky business to have a child home alone. A midwife is hardly "big brother" and can assist you if there are any complications.

I believe that in order to receive FMLA leave, you must be under the care of a physician (or health care provider) or your family member must be.

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Answered on 2/09/10, 4:32 am


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