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.