Pregnancy Related FML

The use of paid leave during FML for the birth of a child involves the careful coordination of sick and annual leave. All classified employees with at least one year of state service may be eligible for up to 520 hours (prorated for part time) of job protection for the birth or placement of a child. However, the use of sick and annual leave for pregnancy related FML will vary depending on the specific facts of the individual situation.

The pregnant employee on FML will normally use sick leave in a greater amount than a male employee for the birth of his child. The pregnant employee uses accrued sick leave for pre-natal care by a health care provider, the delivery, the period of physical recovery from the childbirth and for the medical needs of the child. Once the health care provider certifies that the employee is physically recovered (average of four to six weeks following delivery), the remainder of the leave is for care and bonding, and the use of sick leave must stop and annual leave should begin.

A male employee on FML for the birth of his child will typically use 1 week of sick leave for a normal delivery, and possibly more if there are medical complications to the mother or infant during the delivery. The majority of the leave will be annual leave because the reason for the leave is care and bonding with the child. Medical certificates should be carefully reviewed to determine the type of appropriate leave.