Count pregnancy leave toward FMLA?

Q: Can my employer count leave taken due to pregnancy complications against the 12 weeks of FMLA leave for the birth and care of my child?

A: Yes. An eligible employee is entitled to a total of 12 weeks of FMLA leave in a 12-month period. If the employee has to use some of that leave for another reason, including a difficult pregnancy, it may be counted as part of the 12-week FMLA leave entitlement, according to the Department of Labor.

Count my maternity leave as FMLA leave?

Q: Can the employer count my time on maternity leave or pregnancy disability leave as FMLA leave? Can my boss really do that?

A. Yes. At the time of this post, pregnancy disability leave or maternity leave for the birth of a child would be considered qualifying FMLA leave for a serious health condition. The employer may count the leave toward the 12 weeks of leave so long as the employer properly notifies the employee in writing of the designation, according to the US Department of Labor.

Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles.