MAINMAN
02-02-2005, 10:06 AM
My wife is expecting and I have been authorized for FLMA. My FLMA runs until June 5, includes Memorial holiday in which my company normally pays as a holiday pay. My wife is scheduled for a C-section on the 26 of May. I'm being forced to take FLMA during the week after, whcih results in losing out on holiday pay and forced to use my vacation time istead. :mad: Is FLMA required to be used after the birth of a child or can I cancel FLMA the day after my child is born and use vacation time off instead? :( Am I just at the mercy of HR policy?
mainman
LConnell
02-03-2005, 07:11 AM
FMLA requires that covered employer provide covered employees with time off due to their own serious illness OR the serious illness of a family member. Pregnancy can be a serious illness if your wife needs special care prior to the birth of your child. For example, if your wife is on forced bedrest. You can take the time off.
Also, FMLA says that your employer cannot discriminate against you for taking that FMLA. Denying you the extra holiday pay because you are off due to FMLA would be considered a violation of the law. You can read more about FMLA at: http://www.dol.gov/esa/programs/whd/state/fmla/index.htm