Legal Question in Medical Leave in Pennsylvania

Use of Leave Time to Care for Newborn Child

The Family Medical Leave Act provides for leave for the birth of a child and to care for that newborn child. The leave may be taken anytime within the 12 month period following the birth of the child, according to Section 825.201 of the FMLA regulations. The Act does not require that there be a medically related reason for the use of leave time following the birth. This may not be used, however, to extend the leave time. The total is 12 weeks. The employer may limit the use of the time, if the employee wishes to use it on an intermittent or a reduced leave basis (such as reducing the number of hours worked each day to use up the remaining time). In those cases, the employee must have the approval of the employer. The employer's approval is not required, however, if the leave is taken because the child has a serious health condition for which leave otherwise is provided under the Act; however, this cannot be used to extend or enlarge the leave time.