question about FMLA - not taking all 12 weeks at once

I thought I remember reading that FMLA can be spaced out over a period of time (e.g., a few days/wk unpaid VS. 12 weeks unpaid at once). This will help us with child care (and the transition back to work!!!) tremendously.

I just emailed my company's benefits/HR department and they wrote that the company "administers FMLA automatically and concurrently with all other applicable leaves. Your 12 week entitlement will begin once you go out on leave to give birth."

But since FMLA is government mandated, can they really dictate when it is to start?

HELP?! Any feedback?! Thanks!!!

Re: question about FMLA - not taking all 12 weeks at once

according to the DOL site (under the basic provisions part of the site)
"Intermittent leave taken for the birth of a child is also subject to the employer's approval."

dol fmla info

so unfortunately it looks like your company can make that decision

question about FMLA - not taking all 12 weeks at once

Jams is right-- intermittent leave is at your employer's discretion. But it doesn't sound like what your HR dep't said- they just said that it starts when you go out to give birth, which is correct. I would e-mail them back and ask specifically whether you can transition back however you desire. Make the request as specific as possible, and try to get your immediate supervisor on board too.
GL!

Re: question about FMLA - not taking all 12 weeks at once

my company wouldn't do intermittent leave, but it can't hurt to ask. good luck.

question about FMLA - not taking all 12 weeks at once

My co allows intermittent leave for any other approved FMLA event, EXCEPT childbirth.

question about FMLA - not taking all 12 weeks at once

I did intermittent leave for FMLA when my DS was born. I worked three days per week and was off two. It had to be approved by HR, my immediate supervisor and my department head.

You should inquire as to their policy on it.

Re: question about FMLA - not taking all 12 weeks at once

That didnt say anything about intermittent leave. I believe concurrent fmla is so at the employers discretion.
Maybe you could take 6-8w after the birth then split the rest up?

Re: question about FMLA - not taking all 12 weeks at once

question about FMLA - not taking all 12 weeks at once

Just to give you some input from a Benefit's Administrator.....it's really all based on company policy/discretion. Once you go out on leave, day #1 is the start of your FMLA, and that is when companies starting counting your FMLA. So, you are entitled up to 12 weeks. Now, with Intermittent leave at my comapny, you can only use if you or your baby has a medical need for you to be out of work intermittently. Intermittent is to care for yourself, child, parent or spouse. You cannot use it for baby bonding time. According to the regulations, you can use up to a year but many companies don't implement this as per business needs and once you do for one then you would have to do for all. This actually just came up at my company where one of our employees wanted to return at 6 weeks and use the other 6 weeks intermittently as for transition purposes. The only way this employee can do this is that it's manager discretion....so if the manager is in agreement, it can be worked out between the manager and employee. But, we as HR return them from LOA - the rest we are really left out of....so possibly, it could be something you work out with your manager to make an accomodation. Good Luck - if you have any questions let me know!