FMLA (Intermittent leave for birth of a child)

Rockie

Have any of you ever had a male employee ask for intermittent FMLA to "bond" with a child? I understand that you do not have to allow intermittent FMLA unless it is for a serious health condition or if the employer approves this as intermittent leave? As I correct in this assumption? I just never have had anyone request intermittent for the birth of a child.

Thanks.

awilliams

Rockie,

The FMLA regulations state that AN EMPLOYEE may take leave intermittently or on a reduced leave schedule after the birth of a child or placement of a child for adoption ONLY if the employer agrees. 29 CFR 825.203(b).

The regs do not specify that the employee asking/taking the intermittent/reduced schedule leave must be the mother of the child.

I think that if you have allowed mothers in the past to take intermittent leave you had better allow a father to take the intermittent leave. However, if you have a policy and practice of not allowing intermittent leave you are probably ok denying this request.

I have had friends whose husbands have worked a reduced schedule after the birth of a child so the mother can get some rest, get out of the house without an attached appendage,or even work part-time outside the home. I don't think it is all that odd, myself.

I hope this helps!


Anne Hunter Williams
M. Lee Smith Publishers

Don D

You might also want to counsel with the new father about the potential side effects of taking off work to bond with the new baby and being in the house alone with the recovered mother for days and nights at a time. Side effects like a new brother or sister to follow. That might scare him into staying at work! We try to be creative in administering these laws, you see.

Confused

[font size="1" color="#FF0000"]LAST EDITED ON 03-14-02 AT 10:54AM (CST)[/font][p]WHAAAT? That would be rather unprofessional, I must say! A little TOO creative.

AnaFL

I was under the impression that intermittent leave is only required to be given if it is "medically necessary" under the law. I understand that if the company wants to grant it for other reasons, they can.

We had the same request from a male employee a couple years ago, and we granted it without any problems, being aware of course that we had set a precedent by doing so. But because it is for a good reason (in my opinion) we don't have a problem with that.

Ana