From the Hotline: FMLA Leave over Multiple Months
Question: Can the Family and Medical Leave Act (FMLA) leave for a pregnancy (baby bonding time) be split up between multiple months? What if the employee is in California?
Answer: Yes, the leave may be taken in partial days, weeks, or months, so long as it is taken within 12 months of the qualifying eligibility date and does not exceed 480 hours in total allotted time under the regulatory leave of the Family and Medical Leave Act (FMLA).
If the employee is in California, the California Family Rights Act (CFRA) requires an employer to agree to intermittent or reduced schedule leave.
Unlike the FMLA, which requires the employer to agree to a reduced schedule or intermittent leave for purposes of child bonding, under the CFRA there is no requirement that the employer agree. The minimum duration of bonding leave under the CFRA is two weeks; however, an employer must allow an employee to take leave in smaller increments on any two occasions.