Legal Question in Medical Leave in Tennessee

medical complications prior to birth necessitating use of early leave

I am aware that employees qualifying for FMLA receive 12 weeks after childbirth, adoption, etc. What are the laws regarding medical complications (i.e.hospitalization or bed confinement) prior to birth which result in the need for early sick leave/short-term disability leave? Specifically, if you need to take medical leave prior to delivery, does this medical leave for yourself count as part of your 12 weeks of FMLA or is it counted separately as a personal medical leave?

For example: If you had to be placed on bedrest early and lets say you used up 8 weeks of leave prior to delivery, does that mean you have 4 weeks left or the whole 12 after birth?


Asked on 2/27/01, 11:32 am

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: medical complications prior to birth necessitating use of early leave

The Family and Medical Leave Act ("FMLA") entitles an employee to only 12 weeks of unpaid leave during any twelve month period. The leave must be taken for one of the designated reasons, including the birth of a child or a serious health condition, but FMLA leave will not exceed the 12 week period. If you have multiple conditions necessitating leave, you will still be entitled to only one period of leave up to twelve weeks.

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Answered on 4/24/01, 10:12 am


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