Using FMLA during pregnancy | Progyny

Written by the Progyny Editorial Team — September 2025.

You’ve probably heard of the Family and Medical Leave Act (FMLA), which provides unpaid leave after childbirth.

Did you know you may also be able to use FMLA before delivery? If you’re not able to work because of a pregnancy-related condition, you can use FMLA for unpaid time off. And your job is protected – you must be able to keep your job or an equivalent one. Your spouse may also be eligible for FLMA leave to care for you or your baby.

Why is this important?

When you’re pregnant, getting the care you need for your physical and emotional health is your top priority. That may mean taking time off to care for yourself, and that’s OK. Talk with your employer to find out how they can support you during this time.

What conditions qualify for FMLA?

Some common pregnancy-related conditions that may qualify for FMLA include:

• Anemia: Not enough red blood cells to carry oxygen, making you feel tired and weak.
• Congenital disorders: If the fetus has a health issue or isn’t developing as expected, you and your baby may need special care.
• Depression: Extreme sadness that gets in the way of your daily life and may last for weeks or more.
• Hyperemesis gravidarum: Very bad nausea and vomiting that doesn’t go away (worse than morning sickness). It may need to be treated in the hospital.
• Placenta previa: If the placenta is covering your cervix, you might need bed rest at home or treatment in a hospital.
• Preeclampsia: High blood pressure during pregnancy or after delivery. With this, your health needs to be monitored carefully.
• Preterm (early) labor: If you go into preterm labor (before 37 weeks), the baby may be born with a low weight or need special medical care.

FMLA may be taken in smaller chunks when you need it, even a day or two at a time (called “intermittent leave”). And you can use it even if you don’t receive medical treatment during your absence.

If you need time off work to care for your health during your pregnancy or after delivery, talk with your employer. Your Progyny Benefits Specialist can help support you with these conversations, too.

Disclaimer: The information provided by Progyny is for educational purposes only and is not legal advice. Always consult a lawyer for legal guidance.