My wife works as a teacher at a private high school in Colorado. She has been at this school for over 3 years. The school employs well over 50 people. From what I have read about the FMLA, my wife qualifies for FMLA leave for her pregnancy.

The questions that I have are as follows:

1. Can my wife start her FMLA leave before the birth of the child? From my reading of the FMLA act, it does not appear to be clear on this issue.

2. As a teacher, my wife has a job contract that expires in Aug 05. She chose not to extend her contract past Aug 05. She wants to take FMLA leave until the end of classes (May 05). Then, she wants to return to her job on Jun 05 and complete her contract until Aug 05. Is she not protected by FMLA and in her right to return to her job in Jun 05 so she can complete her job contract?

3. Does Colorado offer any additional protection or leave options?

Thank You,
Super M

Your wife's FMLA leave can begin as soon as the doctor states that she must be on leave for medical reasons, even if it is before the birth of your child.

As far as returning to finish her contract is concerned, is there any work to be performed? If there is, she must be allowed to return to work.

Colorado does not offer any additional protections.