Texas Attorney Asks Supreme Court to Clarify FMLA Coverage for Prenatal Care
Texas attorney Gaines West has petitioned the U.S. Supreme Court to clarify whether leave taken by a pregnant woman to care for her unborn child's serious health condition qualifies as 'family-care leave' under the Family and Medical Leave Act (FMLA). This petition stems from a case involving Dr. Erin Snider, a former Texas A&M University professor, who took FMLA leave for medical care related to a miscarriage and an embryo transfer for IVF treatment. Snider argued that her leave constituted family-care for her preborn child, while the State of Texas contended it was self-care, as an unborn child does not fit the FMLA's definition of a 'son or daughter.' A Texas appellate court recognized the legal ambiguity but ultimately ruled Snider's treatments were self-care, a decision upheld by the Texas Supreme Court's denial of review. West is now asking the Supreme Court to establish a clear standard for distinguishing between family-care and self-care leave in such circumstances, arguing that pregnant women shou...
