Legal Question in Medical Leave in Maryland

does family leave have to be used starting before birth of baby

my wife works for the state of maryland and she is 4 months pregnant. The states position on the family leave act is that the 12 weeks allowed leave must start with the prenatal doctor visits. Meaning that everytime my wife takes an afternoon off to go to the doctor then the absence will be applied towards the total twelve weeks. My understanding is that the leave must be applied for at least 30 days in advance and we do not plan on applying intil 30 days before expected delivery.


Asked on 11/20/97, 2:37 pm

1 Answer from Attorneys

Luther Sutter Harrill & Sutter

FMLA leave can be designated for prenatal care

Based upon the limited facts you have given me, I think the employer is within its rights under the Federal FMLA.

I am not licensed in your state. So, I can't advise you on any state claims you may have. Of course, in order to receive legal advice you can use, you should have a personal interview with a lawyer. The comments I have made are general and may or may not apply to your situation.

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Answered on 11/20/97, 11:59 pm


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