Quote:
Originally Posted by likeminas
Wifey and I are expecting a new addition to the family. The first one actually.
My wife is planning on taking all the maternity leave that's allowable by law.
I wanna do the same after her leave is up, I know FMLA allows up to 12 weeks, but I'm wondering if it's
possible to take it in intervals.
Say I'll take a month in March and then later another month within the same year.
is it possible to take these 12 weeks in intervals or does it have to be all at once?
Thanks in advanced for any helpful advice!
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This can be a really tricky law. There are so many loopholes. I am knowledgeable on the workings in CA (states can amend a Federal Law to BETTER than the Federal requirements, think minimum wage laws) but not sure where you are. I know in CA, the interpretation often is what the employer is willing to allow and that the website we follow through the DOL DOES allow the taking of what is called intermittent leave within the 1st year after birth WITH the employer's consent. Also, be very cautious of the provision that states notice needs to be given when the need for the leave is foreseeable and not an emergency. In the case of someone taking time to care for a new baby, and taking it intermittently, if allowed, I am guessing they will be VERY strict with the notice requirements.
You need to talk to your HR department, and get it approved through them, as you are asking for something that IS allowed through FMLA, but a grey area.
Employment Law Guide - Family and Medical Leave
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