Q: My daughter is going to have a baby soon, and I’m confused about how much maternity leave she’s allowed off from work. The paperwork from her doctor says 6 weeks, but I thought you could take 12 weeks off to give birth, why the difference? Also, a friend mentioned that my son-in-law could take paternity leave, is there such a thing?
A: You, the doctor and your friend are all correct. It’s just that the Family and Medical Leave Act (FMLA) is one of those good-for-workers well-intentioned legislations, that –like anything designed by the Feds- is cumbersome and complicated to understand.
FMLA is fundamentally pro-family. It gives employees up to 12 weeks off to care for themselves or a family member; or for the birth (or adoption) of a child. All without jeopardizing one’s job. But there is a catch: the leave is unpaid. In some companies –depending on the reason for the leave and the type of benefits available- sick leave or accumulated paid time off (PTO) can be used. But even those usually cover less than half the absence.
In your example, the doctor approved your daughter’s leave for 6 weeks. After that she’s medically cleared to return to work. Of course, technically she could choose to stay home the full 12 weeks, regardless of when the doctor clears her return (you were correct). But realistically, in my experience, most new moms can’t afford to be off without pay that long, so they come back to work soon after the doctor approves it. If your daughter can afford to stay out longer, more power to her.
A similar rationale applies to your son-in-law. I’ve seldom heard it called paternity leave, but he too is eligible to take 12 weeks off. Obviously in his case, he needs no medical clearance (unless he loses his mind while on leave). He can choose to be off as long as affordable. Again in my experience, very few eligible guys take the time off.
Clear as mud? Hope this helped.
Note: To qualify for FMLA, workers must have more than one year of employment in an organization with 50-plus employees.
© Copyright Eva Del Rio – Published in The Gainesville Sun on August 7, 2011
