Paid Family Leave - Is my employer obligated?

[Johnsmith1003]

So I'm expecting my first child, a son, to be born early December. I do online school and my wife works where she goes to school. Our work/her school schedules are going to conflict with each other where (during Spring 2014 at least) that there will be at least a four hour lapse each weekday when I leave for work and when she gets home. We can't afford a babysitter that long, nor do we trust anyone so that's not an option. I considered PFL but don't know what it consist of. Whether it being paid or unpaid, it doesn't really bother me. What does is I'm worried that my employer won't accommodate our needs. For this to work (better, at least) I'll need all Fridays off, then two other weekdays off to take care of the child. That'll leave us with only two days a week that we'll have to deal with the 4 hour gap (she has the weekend covered). My question is: must my employer abide by my requests?

 

Thanks guys.

[GorillaTheater]

I could be wrong, but I think in the US your employer's legal obligations to provide family leave consists of 12 weeks of unpaid leave per year for your serious medical condition, so I don't think that would apply in this case.

 

I'm sorry to hear that your employer isn't willing to work with you.

[Keenly]

No, your employees her is not obligated to give you leave , paid or unpaid, to babysit your child.

 

Leave for birth is one thing, but I think k what you are asking for will be laughed at .

[Johnsmith1003]

I could be wrong, but I think in the US your employer's legal obligations to provide family leave consists of 12 weeks of unpaid leave per year for your serious medical condition, so I don't think that would apply in this case.

 

I'm sorry to hear that your employer isn't willing to work with you.

 

I actually haven't brought it forth to her yet, but just wondering.

[Johnsmith1003]

No, your employees her is not obligated to give you leave , paid or unpaid, to babysit your child.

 

Leave for birth is one thing, but I think k what you are asking for will be laughed at .

 

I don't see how it will be laughed at because she gives time off to other co-workers who have other jobs, others who strictly go to school as their main priority - so they get that time off. There's another that just simply refuses to work "all Wednesdays" too. They all get those days off that they request each week.

[carhill]

In my jurisdiction, there apparently is partial pay relief for parental bonding through SDI, presuming the employee is withheld. See more here:

 

Learn More

 

There may be similar programs in your jurisdiction. Inquire. Also, read the worker's employment contract, if extant. It may have more comprehensive benefits. Good luck.

[pink_sugar]

The mother gets maternity leave and I believe both the mother and father get 12 weeks "baby bonding time". Your employer isn't obligated to provide anything that is paid by them. An employer may or may not accommodate your requests, so don't expect preferential treatment just because you have kids. These are things to consider before you have kids....

[veggirl]

No employer has to abide by this request to alter your schedule indefinitely!

 

Is this like a part time retail type job or something? If so you can prob swing something like this but if it's a 9-5 type thing then no I doubt it'll happen.

[Got it]

Short answer, no. If you qualify for FMLA you would receive 12 weeks of unpaid time off. This can be all at once or intermittent.

 

Are you hourly or salaried? If you are hourly and it is more shift work your manager will be able to more easily work around your schedule.

 

If it is a practice at your work it would be more likely that she will do it.

 

But your company is not required to accommodate your request.

[annna777]

The Family Medical Leave Act protects employees jobs (does not pay money/wages to employees) for a maximum of 12 when they are on leave. I believe it is for when they are sick and to care for someone who is ill, not sure if it applies to bond with a newborn child.

 

The Paid Family Leave Program allows employees here in California a maximum of 6 weeks to bond with a newborn child until the child is one year of age. It pays up to 55% of wage loss, it is not full wages, there is a 7 day waiting period that is non-payable, some employers require employees to take up to two weeks vacation leave which is in conflict with PFL benefits, and leave can be broken up into a day here or a day there and so forth, the leave does not have to be taken continuously for 6 weeks straight. Since the time can be split up, you can take a day here and there to bond with the child. Your best bet is to check the EDD.ca.gov website under the PFL link to get more information on the program; and try talking to your employer again to see what your options are in taking leave to bond with child. Some employers may be different in the fact of business needs, not flexible hours which makes it tough. I wish you well.

[Got it]

Here is the full information on FMLA - Federal, as posted above states may vary.

 

Wage and Hour Division (WHD)

(Revised 2012) (PDF)

Fact Sheet #28: The Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. This fact sheet provides general information about which employers are covered by the FMLA, when employees are eligible and entitled to take FMLA leave, and what rules apply when employees take FMLA leave.

COVERED EMPLOYERS

The FMLA only applies to employers that meet certain criteria. A covered employer is a:

Private-sector employer, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer;

Public agency, including a local, state, or Federal government agency, regardless of the number of employees it employs; or

Public or private elementary or secondary school, regardless of the number of employees it employs.

ELIGIBLE EMPLOYEES

Only eligible employees are entitled to take FMLA leave. An eligible employee is one who:

Works for a covered employer;

Has worked for the employer for at least 12 months;

Has at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave*; and

Works at a location where the employer has at least 50 employees within 75 miles.

* Special hours of service eligibility requirements apply to airline flight crew employees. See Fact Sheet 28J: Special Rules for Airline Flight Crew Employees under the Family and Medical Leave Act.

The 12 months of employment do not have to be consecutive. That means any time previously worked for the same employer (including seasonal work) could, in most cases, be used to meet the 12-month requirement. If the employee has a break in service that lasted seven years or more, the time worked prior to the break will not count unless the break is due to service covered by the Uniformed Services Employment and Reemployment Rights Act (USERRA), or there is a written agreement, including a collective bargaining agreement, outlining the employer’s intention to rehire the employee after the break in service. See "FMLA Special Rules for Returning Reservists".

LEAVE ENTITLEMENT

Eligible employees may take up to 12 workweeks of leave in a 12-month period for one or more of the following reasons:

The birth of a son or daughter or placement of a son or daughter with the employee for adoption or foster care;

To care for a spouse, son, daughter, or parent who has a serious health condition;

For a serious health condition that makes the employee unable to perform the essential functions of his or her job; or

For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.

An eligible employee may also take up to 26 workweeks of leave during a "single 12-month period" to care for a covered servicemember with a serious injury or illness, when the employee is the spouse, son, daughter, parent, or next of kin of the servicemember. The "single 12-month period" for military caregiver leave is different from the 12-month period used for other FMLA leave reasons. See Fact Sheets 28F: Qualifying Reasons under the FMLA and 28M: The Military Family Leave Provisions under the FMLA.

Under some circumstances, employees may take FMLA leave on an intermittent or reduced schedule basis. That means an employee may take leave in separate blocks of time or by reducing the time he or she works each day or week for a single qualifying reason. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer's operations. If FMLA leave is for the birth, adoption, or foster placement of a child, use of intermittent or reduced schedule leave requires the employer’s approval.

Under certain conditions, employees may choose, or employers may require employees, to "substitute" (run concurrently) accrued paid leave, such as sick or vacation leave, to cover some or all of the FMLA leave period. An employee’s ability to substitute accrued paid leave is determined by the terms and conditions of the employer's normal leave policy.

NOTICE

Employees must comply with their employer’s usual and customary requirements for requesting leave and provide enough information for their employer to reasonably determine whether the FMLA may apply to the leave request. Employees generally must request leave 30 days in advance when the need for leave is foreseeable. When the need for leave is foreseeable less than 30 days in advance or is unforeseeable, employees must provide notice as soon as possible and practicable under the circumstances.

When an employee seeks leave for a FMLA-qualifying reason for the first time, the employee need not expressly assert FMLA rights or even mention the FMLA. If an employee later requests additional leave for the same qualifying condition, the employee must specifically reference either the qualifying reason for leave or the need for FMLA leave. See Fact Sheet 28E: Employee Notice Requirements under the FMLA .

Covered employers must:

(1) Post a notice explaining rights and responsibilities under the FMLA (and may be subject to a civil money penalty of up to $110 for willful failure to post);

(2) Include information about the FMLA in their employee handbooks or provide information to new employees upon hire;

(3) When an employee requests FMLA leave or the employer acquires knowledge that leave may be for a FMLA-qualifying reason, provide the employee with notice concerning his or her eligibility for FMLA leave and his or her rights and responsibilities under the FMLA; and

(4) Notify employees whether leave is designated as FMLA leave and the amount of leave that will be deducted from the employee’s FMLA entitlement.

See Fact Sheet 28D: Employer Notice Requirements under the FMLA.

CERTIFICATION

When an employee requests FMLA leave due to his or her own serious health condition or a covered family member’s serious health condition, the employer may require certification in support of the leave from a health care provider. An employer may also require second or third medical opinions (at the employer’s expense) and periodic recertification of a serious health condition. See Fact Sheet 28G: Certification of a Serious Health Condition under the FMLA. For information on certification requirements for military family leave, See Fact Sheet 28M©: Qualifying Exigency Leave under the FMLA; Fact Sheet 28M(a): Military Caregiver Leave for a Current Servicemember under the FMLA; and Fact Sheet 28M(b): Military Caregiver Leave for a Veteran under the FMLA.

JOB RESTORATION AND HEALTH BENEFITS

Upon return from FMLA leave, an employee must be restored to his or her original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. An employee’s use of FMLA leave cannot be counted against the employee under a “no-fault” attendance policy. Employers are also required to continue group health insurance coverage for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave. See Fact Sheet 28A: Employee Protections under the Family and Medical Leave Act .

OTHER PROVISIONS

Special rules apply to employees of local education agencies. Generally, these rules apply to intermittent or reduced schedule FMLA leave or the taking of FMLA leave near the end of a school term.

Salaried executive, administrative, and professional employees of covered employers who meet the Fair Labor Standards Act (FLSA) criteria for exemption from minimum wage and overtime under the FLSA regulations, 29 CFR Part 541, do not lose their FLSA-exempt status by using any unpaid FMLA leave. This special exception to the “salary basis” requirements for FLSA’s exemption extends only to an eligible employee’s use of FMLA leave.

ENFORCEMENT

It is unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided by the FMLA. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceeding, related to the FMLA. See Fact Sheet 77B: Protections for Individuals under the FMLA . The Wage and Hour Division is responsible for administering and enforcing the FMLA for most employees. Most federal and certain congressional employees are also covered by the law but are subject to the jurisdiction of the U.S. Office of Personnel Management or Congress. If you believe that your rights under the FMLA have been violated, you may file a complaint with the Wage and Hour Division or file a private lawsuit against your employer in court.

For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and /or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4-USWAGE (1-866-487-9243).

This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.