We're considering baby #3 over the next 1.5-3 years. Long question short: Is there a way to go out on leave before your due date (say a week) and then still get 12 weeks after the baby is born?

We don't have PFL yet (gov't organization) but I'm moderately optimistic we will by then. We have Extended Medical Leave instead of Short Term Disability. Current EML policy is that EML and FMLA must run concurrently. EML pays part of your salary until your doctor releases you (so 6 weeks post-partum for vaginal delivery), and you must supplement that partial pay with your vacation and sick time. You must exhaust your vacation and sick time during any leave you take past that 6 weeks too. My coworkers who have gone out on leave since I've been here have only been allowed to take 12 weeks total (to equal what is job protected by FMLA). One went into labor at work, the other went into labor before her due date, so both were able to take 12 weeks postpartum.

I'm wondering if you can use EML (say 3 weeks: 1 week before baby is born, 2 after baby is born, also running FMLA concurrently), and then follow it with 10 weeks PFL. This would total 13 weeks of leave, which pushes you one over what's protected by FMLA. (I know PFL increases to 12 weeks in 2021).