Men and ChildBirth

AllianceCU

We have three men that there wives are getting ready to have baby's the end of Dec. begining of Jan. What is the policy on them taking time off to be with there wife after the birth? Can they take all 12 weeks if the birth is normal and there are no complications? If they are planning on taking a couple of weeks vacation anyway, do we have to say that it is FMLA, or only if they request it?
PLEASE HELP

Margaret Morford

All the men can take the full 12 weeks anytime within the first twelve months of the birth of the child for the purpose of bonding. You get to choose whether you will let them take it intermittently. I recommend that you do not do so or you will find that they like to bond every Friday with the child. I'd make it the organization's policy that once they begin taking the leave, it must be continious. Then let the fathers decide how long they want to take off. You also have a choice as to whether you require employees to use all accumulated PTO, vacation, etc. while on FMLA. I recommend that you require this because you do not want an employee to take his 12 weeks of FMLA and then return and ask for his two additional weeks of vacation, thereby getting 14 weeks. Certify it as FMLA from the time they go out and require that they use all accumulated benefit time. Do not confuse the issue of whether you have to give them the time off with the issue of how much of it gets paid while they're off. Hope that helps you. I have a model policy I'll send you with the forms if you will e-mail me. Call me if you have any other questions.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

AllianceCU

It is required that the Employer put the male employee on FMLA, or is it only if the male requests the time off as FMLA that we should talk about it?

Theresa Gegen TX

You need to look at your company policy. The company SHOULD inform the person that they have a right to FMLA. If they want to take less than the 12 weeks, (let's say they just want 2 weeks vacation -- let's face it, most people cannot afford to take 12 weeks off), you need to see if your company FMLA policy requires them to take FMLA concurrently with other paid leave. Some companies require employees to use paid leave first, some require the leave be taken concurrently (Paid and FMLA - so they never get more than 12 weeks) and some leave it up to the employee. In otherwords they can use less than their 12 week allotment of FMLA at this time. Then if the employee's spouse or child gets ill later in the year, they will have some FMLA left over.

Good Luck!

mets

If I read Margaret's reply correctly, the employer can determine whether or not to grant a a request for intermittent leave? I thought if a provider designated an employee's condition as chronic etc. and the provider indicated that the employee work a reduced, part-time schedule,then the employer can not deny it? We have an employee at present who has received a medical doctor's statement indicating an anxiety condition and the need for part-time work. We are in the process of a 2nd opinion now for this employee.

AllianceCU

It is only for a birth of a child that you can decide on intermetent leave. As far as I know if it is a chronic medical problem you have to grant intermetent leave.