Birth of a Child
aliker27
9 Posts
I have read and reread the regs. It says that a Cert. can be required for serious health conditions. The birth of a child is not included in that list. Therefore, EEs at our company are only required to fill out a short form giving 30 days notice and an estimate of the time they will be taking.
On the flip side, I've asked my husband to take 5 weeks off for the birth of our child this summer. His company has someone else administer their FMLA and he called them several weeks ago to give notice and was told:
1. It's too soon, wait until there is only a month to go. (Yes, because 2 months notice is just rude!)
2. He'll need something from my doctor.
I'm really interested to know what you all require. The regs say we can ask for a birth certificate, but no where does it say a cert.
On the flip side, I've asked my husband to take 5 weeks off for the birth of our child this summer. His company has someone else administer their FMLA and he called them several weeks ago to give notice and was told:
1. It's too soon, wait until there is only a month to go. (Yes, because 2 months notice is just rude!)
2. He'll need something from my doctor.
I'm really interested to know what you all require. The regs say we can ask for a birth certificate, but no where does it say a cert.
Comments
Assume, for instance, that the parents aren't married. The father isn't eligable for FMLA for anything with regard to the mother, only the time he spends with the child after it is born.
825.305 (a) An employer may require that an employee's leave to care for the employee's seriously-ill spouse, son, daughter, or parent, or due to the employee's own serious health condition that makes the employee unable to perform one or more of the essential functions of the employee's position, be supported by a certification issued by the health care
provider of the employee or the employee's ill family member.
There is no mention of "birth of a child."
Regarding the notice, I provide the medical cert. to the female (or male) as soon as I am made aware of the situation. Upon receipt of the completed form I tell them that we (the employee and I) will meet approximately one month before the birth to discuss the time they plan to take off for the birth of the child. If something happens that the person goes out sooner than that, I adjust accordingly.
This meeting also provides a time to discuss continuation of benefits, as well as the difference between WI and federal FMLA.
However, the employer cannot require medical certification for leaves taken to care for a newborn [29 CFR 825.113(d)]. For purposes of confirming the family relationship an employer may require an employee to provide reasonable documentation or statement of the nature of the relationship. The regulations state that documentation "may take the form of a simple statement frmo the employee," a child's birth certificate, or a court document.
SEC. 103. CERTIFICATION.
(a) IN GENERAL.--An employer may require that a request for leave under subparagraph (C) or (D) of section 102(a)(1) be supported by a certification issued by the health care provider.............
If you then refer back to SEC. 102:
SEC. 102. LEAVE REQUIREMENT.
(a) IN GENERAL.--
(1) ENTITLEMENT TO LEAVE.--Subject to section 103, an eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period for one or more of the following:
(A) Because of the birth of a son or daughter of the employee and in order to care for such son or daughter.
(B) Because of the placement of a son or daughter with the employee for adoption or foster care.
(C) In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition.
(D) Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.
It clearly only requires certification for C and D, which are serious health conditions.
I realize this is not a big deal to most people, but why should employees be required to go through the hassle and inconvenience to utilize this kind of leave. Don't we have enough problems with intermittent leave?
>
>I realize this is not a big deal to most people,
>but why should employees be required to go
>through the hassle and inconvenience to utilize
>this kind of leave. Don't we have enough
>problems with intermittent leave?
This is a strange question for someone in HR to ask.
I'm all for sticking to the letter of the law. All I'm saying is that I cannot find any letter of the law to support requiring an employee to have unnecessary paperwork filled out.
However, there is a real world out there that has forced us to require more paperwork than was needed in the past.
That being said, I have accepted several different types of information from males to verify their relationship to the child, especially when the parents aren't married. Birth certificate being one of these.
Your doctor is filling out the form for your employer anyway, have him add your huband's name or give him a new first page with your husband's name and send the paperwork over.
Do you think all people should act like sheep and refuse to question something for which there is no logical foundation?
I had no idea that working in HR means you are disallowed from asking questions and pointing out inconsistences.
Not at all and this issue is obviously important to you. It just appears to have expended a lot of your time and energy and makes you defensive. (my apologies if I misread) Your choice. Larry C. was speaking on another thread of things he had learned early in his career from others. ..one of things I was told was "Pick your battles". Too ME this is a mole hill not a mountain.
Good luck and enjoy that baby!
>and refuse to question something for which there
>is no logical foundation?I had no idea that
>working in HR means you are disallowed from
>asking questions and pointing out
>inconsistences.
>
>Not at all and this issue is obviously important
>to you. It just appears to have expended a lot
>of your time and energy and makes you
>defensive. (my apologies if I misread) Your
>choice. Larry C. was speaking on another thread
>of things he had learned early in his career
>from others. ..one of things I was told was
>"Pick your battles". Too ME this is a mole hill
>not a mountain.
>
>Good luck and enjoy that baby!
>employer. My employer requires something
>different altogether.
>
>Do you think all people should act like sheep
>and refuse to question something for which there
>is no logical foundation?
>
>I had no idea that working in HR means you are
>disallowed from asking questions and pointing
>out inconsistences.
You say that your company requires some different paperwork-do you not require a Certification of Health Care Provider (which is a pretty standard form). Are you saying that your husband's company requires something different then that form?
I am not saying that being in HR disallows you from asking questions however, your husbands company is not asking for anything illegal, not all companies ask for exactly the same information, etc.
As the previous poster pointed out, you are making way too much of an issue out of this. If I questioned everything that my husband's HR department does that is inconsisent with what my company does, I would drive myself crazy.
Surely you have more important battles to fight.
Our company policy was you had to take any paid time off first as part of the leave ie, vacation, which since we were opening a new plant was put on hold so I was estatic. The local plant was not notified of my request, corporate told me to just send it through them.
I did point out to the HR moron and the plant mgr. that this was probably not going to reflect well..........and after some more wrestling the ended up giving me a weeks paid time off. I did not use the FMLA or my vacation and had it paid out when I resigned 3 months later.
My $0.02 worth!
DJ The Balloonman