Legal Question in Medical Leave in Virginia

Maternity, Short-Term Disability, & FMLA

My company offers 6 weeks of paid maternity leave. I have been with the company for fewer than 12 months, so I do not qualify for the remaining 6 weeks under FMLA. I have a couple of questions about my options.

1) Can my husband use FMLA for the 6 weeks AFTER my paid maternity leave ends?

2) My employer offers short-term disability -- are they required to let me use it for the full length of my maternity leave (they have already approved LWOP for the remaining 6 weeks)?

Any citations of the VA or Federal law would be helpful.

Thanks!


Asked on 2/08/08, 2:52 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Maternity, Short-Term Disability, & FMLA

1. Yes, your husband is entitled to use FMLA leave in connection with the birth of his son. See Family and Medical Leave Act of 1993 (FMLA)SEC. 102 LEAVE REQUIREMENT (a) IN GENERAL

(1) ENTITLEMENT TO LEAVE--Subject to section 103, an eligible employee shall be entitled to a total of 12 workweeks of leave during any 12 month period for one or more of the following:

(A) Because of the birth of a son

or daughter of the employee and in order to care for such son or daughter;...

The foregoing assumes, of course, that your husband's employer is subject to FMLA coverage and that he(your husband) otherwise meets the other criteria for eligibility outlined in SEC. 101 of the Act.

2, I don't know the answer to this question but why don't you simply ask your employer's HR folks?

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Answered on 2/09/08, 8:53 am


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