FMLA/Paterniy Leave

[amc80]

I'm hoping someone on here can shed some light on a problem I'm having regarding FMLA.

I'm due with our first baby in August. The plan all along as been for me to take 6-8 weeks off (as covered by my employer's disability plan) and for my husband to take 12 weeks off. He has thousands of hours of sick time accrued, which he was planning on using for this time. A new baby is clearly covered under FMLA.

He is a deputy sheriff and it's fairly common for new dads in his department to take the full 12 weeks and use their sick time. I know FMLA only provides for unpaid leave, and whether or not sick/vacation time can be used is up to the employer. DH's department's contract states that "Employees may use sick leave subject to the requirements of the FMLA." All that had been required before is a doctor's note confirming the pregnancy, along with an estimated due date. This is originally what DH was told by the HR director.

Now, HR wants my doctor to complete the standard FMLA form. The problem is that my doctor is filling out the form as MY doctor, not the baby's doctor. As such, it states how much time DH will need to take care of me (2 weeks), not the baby. HR is saying that my doctor needs to state that DH needs 12 weeks to take care of the baby. But my OB isn't the baby's doctor. And I don't really see how the form could be filled out for the baby anyway (by the pediatrician) seeing how he's not even born.

Shouldn't the combined facts of 1) the doctor has authenticated that we are having a baby, and the due date, and 2) the fact that DH's contract allows for use of sick leave for FMLA, be sufficient?

I'd love to hear from anyone who can offer some sort of insight.

 

[sillyberry]

What about setting up two weeks for you now and then another 10 from the pediatrician once the baby is born?

 

[amc80]

What about setting up two weeks for you now and then another 10 from the pediatrician once the baby is born?

That is what we will probably end up doing, but I hate leaving things until the last minute. It just seems clear cut to me that such a note isn't required since he's entitled to the leave and is allowed to use sick time for FMLA.

 

[sonnyjane]

What about setting up two weeks for you now and then another 10 from the pediatrician once the baby is born?

That is what we will probably end up doing, but I hate leaving things until the last minute. It just seems clear cut to me that such a note isn't required since he's entitled to the leave and is allowed to use sick time for FMLA.

It's been my experience that you can't do these things in advance. I was out on disability last year for a few weeks after a surgery and when I tried to go in to HR prior to surgery with paperwork signed by my doc saying I'd be out for three weeks, they wouldn't take it. They Said that my doctor's paperwork would have to be filled out and submitted after my surgery, so sure enough my doc had to sign the forms at the hospital after my release and my husband dropped them off at HR for
Me. I'd imagine the same would go for your husband's FMLA. I'd imagine it will be easy to do, but that you'll have to wait to file.

 

[amc80]

I just discovered through my own research that medical certification is not required when FMLA is being used for the birth of a child; it is only needed when being used for a serious medical condition (either yours or a family member's).

One would *think* that the HR manager for a county would know this.

 

[mary poppins]

I just discovered through my own research that medical certification is not required when FMLA is being used for the birth of a child; it is only needed when being used for a serious medical condition (either yours or a family member's).

One would *think* that the HR manager for a county would know this.

This is correct because the leave is based on birth of a child ("bonding time," which also applied to adoptions) not caring for a child (ill family member). I believe 30 days notice is required, so make sure DH puts the request in writing and doesn't procrastinate!

 

[Lady_Disdain]

Has DH talked to his colleagues that took FMLA after a birth about how they handled the bureaucracy? They may have some good ideas for "working the ropes".

 

[Missy]

Hi amc, I have no advice to offer except to second the excellent advice already provided but I just wanted to wish you the best of luck with your upcoming birth and all the best for a healthy baby and happy bonding!!!!!

 

[amc80]

Thanks for the responses!

This is correct because the leave is based on birth of a child ("bonding time," which also applied to adoptions) not caring for a child (ill family member). I believe 30 days notice is required, so make sure DH puts the request in writing and doesn't procrastinate!

This is exactly why we started the process so far in advance. It's funny that one of the HR director's suggestions was to wait until the baby was born and then have the pediatrician write a note....

Has DH talked to his colleagues that took FMLA after a birth about how they handled the bureaucracy? They may have some good ideas for "working the ropes".

Yep. Until now, all that was required was a doctor's note stating the due date of the baby (which is all that should be legally required). This new policy has started with him.

Hi amc, I have no advice to offer except to second the excellent advice already provided but I just wanted to wish you the best of luck with your upcoming birth and all the best for a healthy baby and happy bonding!!!!!

Thank you!

Okay, an update. DH and I wrote out a great email last night and sent it to the HR people. Basically stating that no, medical certification isn't necessary for baby bonding, per FMLA, and that use of sick time is clearly allowed in DH's contract for the absence.

We got a response this morning which makes no sense:
I have asked our legal consultants for an opinion on this issue. I believe you are correct on the medical certification issue – however I do not believe we are required to grant you FMLA Time to care for and bond with your new child without medical certification stating that you need the time off to care for the child.

Ugh.

 

[sonnyjane]

amc80, I found this link, here is an excerpt... maybe it will help you with his employer? http://www.babycenter.com/0_paternity-leave-what-are-the-options-for-dads_8258.bc

How can I tell if I'm entitled to unpaid leave?

Start by talking to your company's human resources department. Many employers are required by federal law to allow their employees (both men and women) 12 weeks of unpaid family leave after the birth or adoption of a child under the Family and Medical Leave Act (FMLA). At the end of your leave, your employer must allow you to return to your job or a similar job with the same salary, benefits, working conditions, and seniority.

You're eligible if you meet both of the following conditions:

You work for the federal government, a state or local government, or any company that has 50 or more employees working within 75 miles of your workplace.
You've worked for your employer for at least 12 months and for at least 1,250 hours during the previous year (which comes out to 25 hours per week for 50 weeks).

There are a few exceptions: Your employer can deny you this leave if you're in the highest paid 10 percent of wage earners at your company and can show that your absence would cause substantial economic harm to the organization. In this case, your employer isn't required to keep your job open for you.

Another exception is if you and your partner both work for the same company. In this case, you're only entitled to a combined 12 weeks of parental leave between the two of you.

Even if you're not eligible under the FMLA, you may still be eligible for leave under your state's provisions, which are usually more generous than the FMLA, or under your company's policy.

Your company may require that any paid leave you take count toward the 12 weeks allowed under FMLA. But some states allow you to take the full 12 weeks in addition to whatever paid leave you've taken and, of course, individual employers may also allow this.

You can use your unpaid leave in any way you want during the first year after your child is born or placed with you. That means you can take it all at once or, as long as your employer agrees, spread it out over your child's first year by taking it in chunks or reducing your normal weekly or daily work schedule.

 

[amc80]

Thanks, Sonny!

UPDATE-

WE WON! Just got another email from HR. The legal consultants confirmed everything we have been trying to say (duh) and we are set. What a huge stress relief.

I'm somewhat happy this happened to us and not to some of the other deputies in the department, because they would have gone along with it and been screwed out of their leave.

 

[Missy]

Thanks, Sonny!

UPDATE-

WE WON! Just got another email from HR. The legal consultants confirmed everything we have been trying to say (duh) and we are set. What a huge stress relief.

I'm somewhat happy this happened to us and not to some of the other deputies in the department, because they would have gone along with it and been screwed out of their leave.

Congratulations amc!!!! So happy for you guys!!

 

[amc80]

Thanks, Sonny!

UPDATE-

WE WON! Just got another email from HR. The legal consultants confirmed everything we have been trying to say (duh) and we are set. What a huge stress relief.

I'm somewhat happy this happened to us and not to some of the other deputies in the department, because they would have gone along with it and been screwed out of their leave.

Congratulations amc!!!! So happy for you guys!!

Thanks! I'm very thankful that this was a short-lived issue. Extra stress is definitely not what we need right now!

 

[Lady_Disdain]

Thanks, Sonny!

UPDATE-

WE WON! Just got another email from HR. The legal consultants confirmed everything we have been trying to say (duh) and we are set. What a huge stress relief.

I'm somewhat happy this happened to us and not to some of the other deputies in the department, because they would have gone along with it and been screwed out of their leave.

That is great! I hope the HR director learns a nice little lesson from this.

Best wishes for the little one and your family.

 

[amc80]

Thanks Lady D! Yes, I hope he learns something as well...mainly, how to do his job correctly

 

[Lady_Disdain]

Thanks Lady D! Yes, I hope he learns something as well...mainly, how to do his job correctly

On the job training

 

[mary poppins]

Thanks for the responses!

This is correct because the leave is based on birth of a child ("bonding time," which also applied to adoptions) not caring for a child (ill family member). I believe 30 days notice is required, so make sure DH puts the request in writing and doesn't procrastinate!

This is exactly why we started the process so far in advance. It's funny that one of the HR director's suggestions was to wait until the baby was born and then have the pediatrician write a note....

Wow! DH's HR department is not only clueless about the rules, but pathetic in not looking out for the company's and employees' best interests. 30 day notice is required so affected people (parent/leave taker, managers, coworkers) can put a plan in place to minimize work disruption during the long-term absence.

FMLA can be complicated. Many managers and human resource personnel are not very well trained or knowledgeable. Always best for them to check with the attorney first before making a big mistake in denying eligible leave. Can be very costly to the company. Too bad it was such a fuss, but glad everything ended well.

When are you due?

 

[amc80]

Wow! DH's HR department is not only clueless about the rules, but pathetic in not looking out for the company's and employees' best interests. 30 day notice is required so affected people (parent/leave taker, managers, coworkers) can put a plan in place to minimize work disruption during the long-term absence.

FMLA can be complicated. Many managers and human resource personnel are not very well trained or knowledgeable. Always best for them to check with the attorney first before making a big mistake in denying eligible leave. Can be very costly to the company. Too bad it was such a fuss, but glad everything ended well.

When are you due?

It makes me happy to think they had to spend money on legal consultants for this issue...when I got the answers searching online in a couple of hours. And I'm in finance with very little HR knowledge.

I'm due 8/14. It's funny, his stuff is now all taken care of. Meanwhile, my company (which is a large, publicly traded corporation) won't even give me my FMLA paperwork until a month before my due date. I even told them that the baby is likely to come early, and they won't budge. Weird. So much for trying to be proactive!