Parental and Maternity
Frequently Asked Questions - Parental and Maternity
The material contained herein is intended to be advisory in nature. It does not create any rights not otherwise conferred upon state employees by Indiana statute, executive order, or administrative rules. Similarly, it does not impose any obligation upon any state agency, supervisor, or any other state representative not otherwise mandated by applicable law.
For additional information visit http://www.dol.gov/
Can the employer count time on maternity leave or pregnancy disability as FML?
Yes, pregnancy disability leave or maternity leave for the birth of a child would be considered qualifying FML leave for a serious health condition and may be counted in the 12 weeks of leave so long as the employer properly notifies the employee in writing of the designation.
I'm having a very difficult pregnancy, and my doctor says I may need to take off time BEFORE my baby is born, can I?
Yes, FML covers any pregnancy-related leave that is medically necessary due to incapacity or for prenatal appointments.
Definitions: Under FMLA, traditional "maternity leave" consists of two different kinds of leave:
First, the "medical leave" part of "maternity leave," which lasts for the period of time during which you are physically unable to work due to pregnancy, childbirth, recovery, and related medical conditions. If you have to be out of work due morning sickness for two weeks in the early part of your pregnancy, your job (or an equivalent one) will be protected, and you can also take time later in the pregnancy if you need to; and
Second, the "family leave" part of "maternity leave," which is the time you take off not because you need to, physically, but because you want to be home with your new baby. This can be taken intermittently, as a reduced schedule leave, or all at once. Alhtough, intermittent and reduced schedule leave for this purpose is subject to approval by your employer based on operational needs.
My husband wants to take time off when the baby comes, too, can he?
Yes, the law is gender neutral. A parent who is eligible for FML is entitled to take the full amount of leave as long as it is concluded within one year of the birth of the baby.
REMEMBER- If both spouses are State of Indiana employees, combined FML entitlement for this purpose for a one year period is 12 weeks.
Can I be denied intermittent leave to bond with my child if I only took 6 weeks maternity leave?
Yes, employers do not have to provide intermittent leave or reduced schedule leave for care or bonding of a baby that does not have a serious health condition.
We are adopting a child. Do I qualify for FML, and is it paid or unpaid?
Like biological parents, adoptive and foster parents may take up to 12 weeks of leave to care for a child when she or he comes into your home as an adopted or foster child.
Adoptive and foster parents have the right to use accrued paid annual leave but not accrued sick leave to cover their unpaid family leave following the child's placement.
We need to take time off from work to complete the home study and other legal requirements before our child's adoption is final. Does the FML protect our jobs?
Yes, as long as you have not used up your annual 12 weeks, your employer must give you unpaid leave for an absence from work that is required for the adoption to proceed.
