#FMLA #FamilyLeave #HCAHospital #Texas
Hey ya’ll! 🤠 I need some help and advice regarding my boyfriend’s situation with his employer, HCA Hospital in Texas. Here’s the deal:
– He’s being told he only has 3 weeks of paid family leave for the birth of our child.
– If he wants to extend his leave, they are saying he has to go on personal leave, which isn’t job protected.
– However, FMLA guidelines state that bonding with a newborn child qualifies for FMLA leave.
– HCA policy also lists the birth of a child as a reason for FMLA leave.
I’m feeling confused and concerned that they are not being transparent about his rights. Here are some potential solutions that he could consider:
– Request clarification from HR about FMLA eligibility and requesting it explicitly.
– Request documentation supporting his FMLA rights and refer to the US Department of Labor guidelines.
– Consider seeking guidance from a legal professional specializing in employment law to ensure his rights are being upheld.
Has anyone else experienced a similar situation or have any advice to share? Let’s support each other and navigate this together! 🤝 #SupportEachOther #KnowYourRights
Does he qualify for FMLA? Has he been there at least a year and worked 1250 hrs in the last 12 months? I know HCA so know they have the employee count.
If he qualified for FMLA, he can absolutely take 12 weeks unpaid FMLA leave, which would run currently with the paid paternity leave.
His HR is misunderstanding the whole situation, unless he just flat out doesn’t qualify for FMLA.
Yes, he can take FMLA for the birth of a child and bonding with the newborn. Is he being told this by his manager or by HR? If it’s by his supervisor, he needs to talk to HR. If it’s by HR, he needs to speak with someone else in HR who knows what they are talking about.
He’s entitled to the 12 weeks of continuous bonding. Intermittent leave for bonding has to be approved by the employer. As long as you aren’t married, though, he’s not entitled to FMLA to care for you.
The birth of a child is a qualifying event for FMLA. Assuming he meets the 1250 hours requirement at the time he wants to start his bonding leave and he hasn’t already used FMLA in the last year (depending on the employer’s look back method), he should have 12 weeks of job protected, unpaid leave. The 3 weeks of paid leave would run concurrently with the first 3 weeks of FMLA.
He has already put them on notice by letting them know about the impending birth so they should be providing him with specific information about his rights and responsibilities. If he hasn’t already put his request in writing, he should do that so there’s a paper trail.
Has he been able to determine the process for formally requesting parental leave? I’m wondering if he were to do that if his case would go to someone more specialized in this area who knows what they’re doing.
I think they have to be married
If you’re not married he’s not eligible for FMLA for you.
He is entitled to the full 12 weeks if he has worked for them for a year or 1,250 hours and if they have more than 50 employees. There are other qualifiers, but those are the big ones.