Within 48 hours, Premium Plus subscribers will receive e-mail answers to their employment law questions from attorney Joseph Beachboard. Here's this week's sample Q&A:
Q. Can a person take 12 weeks off after birth of the child in the case of a normal delivery? Both she and the child are healthy—there were no complications. -- Karen, North Dakota
A. The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for any of the following reasons:
- the birth and care of the newborn child of an employee;
- placement with the employee of a child for adoption or foster care;
- to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
- to take medical leave when the employee is unable to work because of a serious health condition.
Thus, qualified employees are entitled to leave under the FMLA even if the mother does not have a serious health condition in connection with the child’s birth and even if the newborn does not have a serious health condition.
Also, regarding your state, North Dakota state employees are also entitled to such leave under NDCC 54-52.4 and Public Law 103-3.
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The answers to these questions are provided for informational purposes only and should not be relied on as legal advice. The posting and viewing of these answers do not create an attorney-client relationship.
