FMLA recording

Have a male EE that went off on FMLA for the birth of a child. during the 1st week, he got sick with a strep throat and now is asking if he could just record it as sick time and not FMLA. I am inclined to say it has to be FMLA but have no documentation to back that up. Any thoughts?


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  • If he is off on FMLA for the birth of a child I assume it is for bonding with the child. If the EE is off for the birth, then sick leave, then back to bonding, you basically have intermittant leave. The law does not require intermittant leave for bonding.

    As an employer, you can always do more than the law requires and offer intermittant leave for bonding, but that is up to you. Just remember that you will have set a precedent. I don't recommend it.