The Essential Guide to Family & Medical Leave

chapter 5 | leave for a new child | 91
Example 1: Back to your married employees, Dan and Anabelle. A few days after
Dan’s request for parenting leave, Anabelle asks for three weeks off to care for the
child, who has developed pneumonia. You deny this request and tell Anabelle that
she and Dan have taken all 12 weeks of parenting leave available under the FMLA.
Oops! Your mistake was assuming that Anabelle’s request for time to care for the
sick child was part of the 12-week combined parenting leave, instead of leave for a
serious health condition. With a medical certification, Anabelle is entitled to three
weeks off, because it is less than difference between her total FMLA leave for the year
(12 weeks) and the time she actually took off during the combined parenting leave
(seven weeks).
Example 2: A few weeks after returning from his final week of parenting leave, Dan
develops a severe cough. He calls in one morning to inform you that his doctor has
diagnosed him with bronchitis and ordered him to stay home and off his feet for at
least a week to give the antibiotics a chance to work. You ask for a note from his doctor
and grant the leave on the condition that you receive the medical certification.
Congratulations. You learned from your earlier error. Dan’s illness is an FMLAqualifying
condition separate and apart from the parenting leave he took earlier and
he, too, has 12 weeks of FMLA leave, less the time he actually took off already (five
weeks). So, Dan has seven weeks of leave left for any FMLA-qualifying reason except
parenting leave.
In addition to granting leave to a pregnant woman incapacitated by a
pregnancy-related medical condition, the FMLA also requires your company
to allow a husband to take time off to care for his wife who is suffering such
incapacitation. As with any other leave for a serious medical condition, the
spouse must provide care to the pregnant employee and should provide a
medical certification (see Chapter 4, “Leave for a Family Member’s Serious
Health Condition”). Of course, this means that a normal pregnancy that
doesn’t incapacitate the mother doesn’t entitle her spouse to take leave to be
with her.