I'm trying to sort out how much time my employer must provide if I have complications BEFORE I actually give birth, and how that time is counted against leave I would like to schedule AFTER the birth.

As background I live and work in MA; I am covered by FMLA (as in the company I work for), and eligible for MMLA.

If I have complications before I give birth that requires me to miss work (for example required bedrest due to pre-eclampsia or sciatica), does that time count against FMLA and/or MMLA?

And if it counts against both in essence that means I could be entitled to less than 8 weeks AFTER the birth of my child?

Does it make a difference if the time is contiguous with the birth of the child (as in I give birth while out on bedrest), or not (i.e., I am out for a week or two, I return to work for some lenght of time, and then am out again for the birth).

I am concerned more with duration of time off, not whether or not it is paid.

Hope that makes some sense.

Thanks in advance,
-Tia

You are entitled by law to a maximum of 12 weeks under FMLA, and 8 weeks under MML. They do NOT get added together to make 20 weeks; they can and in most circumstances do run concurrently. You MIGHT end up with more than 12 weeks but it depends entirely on the circumstances and is not guaranteed.

Any time taken before the birth counts against your FMLA. This includes time taken for pre-natal doctor visits, morning sickness, or any other pregnancy-related absence. Including complications. There are no circumstances whatsoever in which Federal law requires them to give you more than 12 weeks off. FMLA does not have to be continuous; it can be intermittant.

The 8 weeks you are entitled to under the MA law is continuous and covers the time you take off for the actual birth. However, it doesn't necessarily start on the day of the birth. If you go out two weeks before the birth, that time counts.

Hi--just to add something here--your disability after the birth, usually 6 weeks for delivery without complications, and 8 for delivery by C-section, would be covered under FMLA as well. Disability from the pt. in time the treating physician takes you off work until he clears you from the disability will be under FMLA...max of 12 weeks.

Good Luck!

Thank you both.... I think I now understand (and if not completely, at least a bit better).

I'm hoping it won't be an issue, but figure it's better to have the info ahead of time if needed.

Cheers,
-Kathy