Baby Bonding FMLA Leave

Has anyone’s husband used FMLA to stay home when baby is born?:

I was wondering if anyone’s husband has used some weeks from Family Medical Leave Act in order to stay home a few weeks once the baby is born. My husband is trying to figure out what to do since his vacation will be almost gone by then. We can save money so we will be ok financially for a few weeks since he won’t get paid for it. I was just wondering if anyone else has tried this. Thanks.

Here’s an answer that I got from another forum. The applicable FMLA concept seems to be family leave for “Baby Bonding”:

FMLA Claims for Baby Bonding in the state of Oregon
I’m due to deliver our baby in the beginning of March, and good HR manager that I am, I told my husband that he needed to notify his HR department that he intends to take some baby bonding FMLA leave after the birth.
His HR department is insisting that he needs to get a doctor’s signature to approve his request (as in- have my OB sign the FMLA medical cert, prior to the birth).
I have never required a doctor signature for Baby Bonding for any of my staff, nor did I think it was something an employer could require, since it isn’t a medically necessitated leave.
Could anyone point me in the right direction to the FMLA regs that address this? Or am I incorrect in my understanding of baby bonding under FMLA? I have searched and can’t find the right link, but I was sure I’d read it before.
Is his employer questioning that you’re pregnant? They can can request verification that you’re pregnant and that your dute date is [date] from your doctor and have your husband fill out the FMLA certification paperwork. Perhaps they just handle this more formally.

Under the FMLA, your husband is entitled to up to 12 weeks off in the 12 months following the birth of the baby. He can be required to complete the certification paperwork and have it signed by your doctor but he doesn’t have to explain anything further to his employer, other than the time he intends to take off.

If you do a search for “FMLA” you’ll find a ton of information on what his FMLA rights are.

I found the law, it is OFLA, Oregon’s version that prohibits asking for med certification on parental leave. Since OFLA/FMLA run concurrent, OFLA regs apply here. I knew I’d seen it before, I just was thinking it was federal, not state.

Thanks for the response. I didn’t want to get a cert since my OB charges a fee for filling out the form. Plus, the HR department at my husband’s employer has a long history of violating employment laws, and they think they’ll get away with it due to employee ignorance of the law. I’m not inclined to let them get away with anything. I make sure my company follows the law, I have little tollerance for others who willfully violate it.

I’m not in Oregon but we do ask for verification when Dad’s take FMLA (or paternity leave). For one, it helps make sure that the time they take truly qualifies as some Dad’s try and take leave after the first b-day or before junior actually arrives. We don’t have an issue with it, but that is another kind of leave where I work. With 7500 employees, and 72 buildings, I just can’t take anyone’s word for it nor am I aware of who’s spouse may be expecting. I hardly consider it a burden to get a note from the doctor verifying the date of birth and requesting leave, no matter the reason. It isn’t like no medical professionals are involved or there isn’t documentation of the birth readily available.

10 thoughts on “Baby Bonding FMLA Leave

  1. Create a video blog…instantly.

    My husband is only taking a week or so off to be home with me but he is required to use FMLA. He just needs to get the forms from his HR department. Most likely he will need to have your doctor sign off for it. It’s pretty easy though. By law he has a right to use it if his company is large enough to comply.

  2. Yes.

    My husband did that. He works part time in CT. and after he used up his vacation days, he applied for FMLA. He managed to stay home for 12 weeks. I only had 8 weeks of maternity leave. Go figure. If you’re worried about money, do what we did; we started saving up as soon as we knew I was pregnant. By the time the baby was born, we had $4,000…and that was after car payments, bills, rent, and 3 student loans

    If we did it, so can you. Good luck

  3. Yes, my husband took FMLA after our son was born. His human resources department should give him some paperwork and your doctor will fill it out. It was easy!

    You should give them a call.

  4. That sounds awesome!!!My hubby works from home and is self employed so he didn’t need it.I was out 2 months because I couldn’t do my job at that point.Talk to the proper person and see if they’ll let him do the paper work ahead of time for aproveall and then start useing it when the time comes.Have no fears.The law is on your side.Keep a copy on hand in case work give you an attitude.Dad’s have right too.:) Ha ha congrats!!

    You go!

  5. Time to stand up for yourself.

    I would challenge your HR rep to confirm what they told you. I agree, from what I’m seeing on the Internet, you are entitled to 12 weeks of leave. You may be entitled to more, depending on what state you live in.

    Here’s some info from what I found.

    How can I find out whether I’m entitled to unpaid leave?

    Start by asking your company’s human resources department. Under the FMLA, many employers are required by federal law to allow their employees (both men and women) 12 weeks of unpaid leave after the birth or adoption of a child. 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.

  6. No my hubby went to work thankfully he did because he would have been useless anyway being home.

    You know how that goes!

  7. since fmla is unpaid leave, can a husband file for disability benefits too if he has no sick hours to use?

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