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I believe that "yes" the birthmother would qualify for FMLA leave. After all, she has given birth, and even before FMLA was implemented mothers who gave birth qualified for 6 weeks of disability. The FMLA makes sure that 6 weeks of disability after giving birth are ones where her job is protected.
Whether she could take any more than the six weeks... I don't think a birthmother could do that. The additional six weeks is for caring for the child, I believe. But she definately qualifies for up to the first six weeks since she gave birth and that's definately a disability that prevents the mother from doing her job for a while.
Not all qualified reasons for taking FMLA leave get you the whole 12 weeks. I had surgery last year and had to take 5 weeks off. It was FMLA leave, even though I only was unable to do my job for 5 weeks, so I only got 5 weeks off.
Does that make sense?
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