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2-part FMLA question Indiana

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  • 2-part FMLA question Indiana

    Good morning,

    Refresh my memory, please..I just had an employee stop in saying she just found out she was pregnant and wanted FMLA forms. She said she was going to the doctor and wanted to have them with her, so that she could have him fill them out now for her other appointments before the baby is born. The paperwork wouldn't cover routine visits unless there is a serious condition that goes along with her pregnancy, correct? I know that instances, such as, morning sickness qualifies, but I'm unsure of the visits.

    Next question,

    Is there a standard process in which to hand out the forms. My former employer had us hand a 381 form out with the 380 when the employee requested FMLA, but she modified the 381 to say the employee had a "preliminarily designation" for FMLA. The new employer says that the 381 shouldn't go out until after the 380 has been returned.

    Which is correct and what are the employer steps for FMLA paperwork?

    Thank you for your help.

  • #2
    Pregnancy is a covered condition under FMLA. Nothing in the law requires that there has to be another condition going along with it before doctor's visits are covered. I think you are confusing this with the ADA, which states that pregnancy is not covered unless there is another serious condition that the pregnancy affects (more or less).

    There is no one right way to handle the paperwork. The right way to do it is the way that your manager wants you to use.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


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