If I am a 10-month employee and my baby is born in the summer, am I eligible for FMLA in the fall?

You may take FMLA at the start of the school year, as FMLA allows an employee to be absent for 60 working days. You will be able to use earned/unearned sick leave for the period in which you are under doctor’s care for a medical recovery period (6-8 weeks). If you deliver during the summer, and your medical recovery period extends through the start of the school year, you are able to use earned/unearned sick leave for the number of duty days that you miss at the start of the school year. If your medical recovery period expires before the start of the school year, but you are still on an approved leave of absence, you will no longer be eligible to use your earned/unearned sick leave. If you do not miss any duty days in connection with your pregnancy, you will not be charged any leave.

Example: Your baby is born July 3, and your doctor says you may return to work after six weeks, which would be August 14. When school starts you would be able to take leave until the middle of November, but it would be unpaid because it is after the date your doctor has designated as the date you may return to work.