Girlfriend had a baby

nohr4u1yr

Good morning!

This may be cut and dry but my brain is a little fuzzy today. I have an employee and his girlfriend had a baby yesterday. Does he qualify for FMLA?

I hope you all have a great day!

Don D

It all depends. Is he by any chance the baby's father? If so, yes. The FMLA does not require marriage in the event of the birth of a child.

nohr4u1yr

I haven't seen him on Maury Povich yet - so we are assuming he is the baby's daddy.

Thanks!

pork1

OK, then does he meet the minimum requirements of employment in order to qualify for the parenting/bonding aspects of FMLA?

Pork

nohr4u1yr

Pork,

I'm sorry but I don't understand your question.

HRCalico

I think he means 1 year employed, 1250 hours, etc.

nohr4u1yr

Yes, he does meet those requirements. I have another question... He will go on intermittent leave? I haven't spoken to him yet - I just want to be sure that I am following the guidelines properly.

Thank you!

pork1

MY FMLA COPY OF FEDERAL REGULATIONS PART 825 AND FACT SHEET ESA 95-24 says:

" if FMLA leave is for the birth and care or placement for adoption or foster care, use of internittent leave is subject to the employer's approval."

"FMLA leave may be taken intermittently whenever medically necessary to care for a seriously ill family member, or because the employee is seriously ill and unable to work."

from your posting and my reading of the words in the regulation, the approval of intermitten leave for the father is strickly subject to your approval unless the employee has some written certification that he is absolutely required to be there for the health of the child or the development of the child. If his absence from the bonding nature and care of the baby is a mental condition then he needs to have his physician state that and also determine to what extent his presence is required.

Given he can not satisfy any of the above, I would seriously consider disapproving intermittent leave under FMLA, but if you can coordinate his absence one day a week then allow him to take his sick and vacation time off as this intermittent leave. If he can not agree to that then he might seek other employment that will allow for his being gone for bonding purposes.

This is where HR must use good sense and protect the worthy employee from his questionable use of HIS FMLA rights in any given year. Intermittent leave counts off by the days absent, therefore, once used it is gone for that year. He might need those days for his own situation.

PORK

nohr4u1yr

Pork,

Thank you so much. That was my dilema regarding this siutation.

Have a great weekend!

pork1

NOHR4U1YR: You are most welcome, but thank the forum because I learned a couple of years ago that I needed to have my "Bibles" by my side and to quote them often to keep from being hammered for "BS and Racist remarks". Now should Don provide some other advise then I would read his words very clearly, because he is so good with the words and gets very close to the shaft when posting. He can "skamper up the biggest trees with the best of them" and never miss a limb!

May your day be Blessed and a sweeter tomorrow!

PORK

jmcaa

>Yes, he does meet those requirements. I have
>another question... He will go on intermittent
>leave? I haven't spoken to him yet - I just
>want to be sure that I am following the
>guidelines properly.
>
>Thank you!

Even if you don't allow the intermittent leave (which you say he hasn't asked for) he is still eligible for the 12 weeks of FMLA.