From the Hotline: FMLA Start Date

Question: If an employee plans to leave for a birth and submits Family and Medical Leave Act (FMLA) paperwork, but then decides she or he needs to leave a week earlier and requests paid time off (PTO) instead, when does the FMLA start? Birth date? Or the first date that the employee was away from work?

Answer: The Family and Medical Leave Act (FMLA) leave will begin on the first day that the employee is on leave due to the medical condition. If the employee goes out a week early due to her medical condition (in this case, pregnancy), the leave will begin on the first day she is out. She will remain on FMLA leave during the duration of her pregnancy, delivery, and may continue her FMLA leave to bond with her newborn.