My employer has approved 12 weeks that will be covered by accumulated sick and vacation time. The maternity leave will to end in august. I have the the following questions:
1) Can I ask my employer for extended leave by exercising FMLA, since it states leave "for the birth and care of the newborn child of the employee". ?
2) To exercise FMLA to take care of a newborn, does an employee need a medical note?
3) Can an employee choose the length of time?
4) Can an employer impose a certain lenght of time?

Any information will help

thanks

Unless I'm really missing something here, it sounds like the 12 weeks you are getting is the leave to which you are entitled under FMLA. FMLA is, by definition, 12 weeks of unpaid leave with job protection. An employer can require you to use any paid leave that you have accumulated as part of your leave under FMLA -- not in addition to it. Unless you live in a state that provides additional leave time, 12 weeks is the limit of what time the employer has to provide you.

I have accumulated sick and vacation time (paid) throughout the years of service. I have been with my current employer for several years and all employees are entitled to accumulate vacation and sick time and use them as needed. I have requested use of this time (paid) as sick and vacation and NOT as FMLA. I know you can use FMLA for medical reasons, but, the ACT also states "to take care of a newborn". My question was if under FMLA I would be able to request unpaid leave to continue taking care of my newborn baby after the 12 weeks (paid sick and vacation) have been exhausted.

Employers are required by law to count any absences that qualify for protected leave under FMLA as leave under FMLA. You don't get to change that requirement under the law by requesting that they consider it simply the use of your accumulated sick and vacation time. It's FMLA leave, and the maximum to which you are entitled is 12 weeks. You can ask the employer for additional leave after your 12 weeks has been exhausted, but the employer has no legal obligation to give it to you.

Employers are required by law to count any absences that qualify for protected leave under FMLA as leave under FMLA. You don't get to change that requirement under the law by requesting that they consider it simply the use of your accumulated sick and vacation time. It's FMLA leave, and the maximum to which you are entitled is 12 weeks. You can ask the employer for additional leave after your 12 weeks has been exhausted, but the employer has no legal obligation to give it to you.
It is irrelevent that you recieved pay for the 12 weeks and that is just a blessing that you got paid during this time off. It does not change the fact that what you took was the legal maximum that your work has to offer for fmla. You are not entitled to any more leave,protected by law,from this point on. If your boss grants it,he/she is being nice,not saying that they must do it. If they say no,and you do not return to work,you can be terminated immediately.

We're also assuming you're not in California. ;)

We're also assuming you're not in California. ;)
Hope your having a good weekend. Please disreguard all messages except the one i just sent lol...its a good one!! ;)

We're also assuming you're not in California.

Yup. That's why I said "unless you live in a state that provides additional leave time".

oops, sorry, I missed that line. :o

LOL.... :D ;) :p