#FMLA #PaternityLeave #NY #HRHelp
Hey there! 💼 Do you think it’s essential for your husband to request both paternity leave and FMLA from his company? 🤔 Here’s a scenario:
So, my husband can take 16 weeks of paternity leave, which is amazing, right? But, when he asked HR about also requesting FMLA, they said it wasn’t necessary. But is it really not necessary? 🤷♀️
Here’s my take on the situation and a possible solution:
– While the company’s paternity leave is generous, it might not be protected leave like FMLA.
– The Family and Medical Leave Act (FMLA) guarantees certain job protections while employees take leave for qualifying reasons.
– Even if HR says it’s not necessary, it might be a good idea for your husband to still request FMLA in case there are any issues that arise during his leave period.
What do you think? Should he still request FMLA to ensure job protection during his paternity leave? Share your thoughts! 🤗 #Parenting #WorkLifeBalance
Why do you think no part of his 16 weeks of leave is protected? Typically companies run FMLA concurrently with whatever paid leave they offer.
There’s nothing wrong with submitting both.
My interpretation is that they don’t need him to fill out the FMLA form because it’s redundant. Initiating the paternity leave process likely triggers them to evaluate for FMLA eligibility automatically. He should be able to confirm if that’s the case with HR.
If you made the company aware and offered the separate paperwork, they declined and then terminated at 12 weeks leave that would look very bad for them.
The extra 4 weeks won’t be protected under federal leave laws anyway. So there’s some inherit risk in accepting the full benefit. Although from a morale standpoint, offering a benefit then firing people for taking it is also a bad look.
Information from DOL:
>To take FMLA leave, an employee must provide their employer with appropriate notice. The first time an employee requests leave for an FMLA reason, the employee does not have to mention the FMLA to be protected under the law. However, an employee does have to provide enough information for the employer to know that the leave may be covered by the FMLA.
[https://www.dol.gov/agencies/whd/fact-sheets/28e-fmla-employee-notice](https://www.dol.gov/agencies/whd/fact-sheets/28e-fmla-employee-notice)
It seems like ‘notice + sufficient information’ is the standard.
If the entirety of his leave is for bonding with the baby,, [under FMLA a certification cannot be required](https://www.dol.gov/agencies/whd/fact-sheets/28q-taking-leave-for-birth-placement-child), which is why his HR is not asking for it. He would still have the FMLA job/benefit protection, but if he is concerned he should ask his HR for [the FMLA Designation Notice](https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/WH-382.pdf)
If he is taking NY PFL for the bonding portion, paperwork may be required. If his employer has a separate parental leave, it is up to the employer how to run the two together, and that might mean they don’t need a certification for bonding.