I have been researching the issue of FMLA as it pertains to caring for birth and care of a new child.

As I understand it I am eligible for FMLA to care for my newborn WITHOUT a doctor's note. Is this true? My HR people keep insisting on one.

Also, I would like to take intermittent leave for this new child care - do I understand correctly that I may do so if the employer agrees? And who, generally would the employer be? The HR department? Or my Dean or Chancellor if I work at a college?

Thanks for any help

As I understand it I am eligible for FMLA to care for my newborn WITHOUT a doctor's note. Is this true? No. If your employer wishes you to bring in a doctor's note to substantiate your leave or have you and your doctor complete full-blown FMLA certification forms, they certainly may.

Also, I would like to take intermittent leave for this new child care - do I understand correctly that I may do so if the employer agrees? Yes. For intermittent FMLA following the birth of a child, both the employee and the employer must agree.

And who, generally would the employer be? The HR department? Or my Dean or Chancellor if I work at a college? No one here can tell you who within your employer has been designed to handle FMLA requests. Normally, human resources handles such matters however. At the very least, they're a good place to start to ask how to proceed with a request for FMLA.

Thanks for your prompt reply Beth - my HR is not very helpful however - they are saying I have to have a Dr say that it is medically necessary for me to have 12 weeks leave and to specify that it is medically necessary for me to take it intermittently if that is what I choose to do.

If your employer wishes you to bring in a doctor's note to substantiate your leave or have you and your doctor complete full-blown FMLA certification forms,

Do you mean a note from my Doctor saying I"m really having a baby, or a note saying it is medically necssary to take off for 12 weeks vs 6 weeks, etc.

And how is my request different from that of a father taking off. Certainly he wouldn't need a doctor to say it is medically necessary for him to take leave?

they are saying I have to have a Dr say that it is medically necessary for me to have 12 weeks leave and to specify that it is medically necessary for me to take it intermittently if that is what I choose to do. Your HR Department is incorrect on that. You are entitled to 12 weeks of FMLA due to the birth of a child. That includes any time you are medically disabled due to the birth AND any additional time simply to be with your child. The FMLA does not require that your doctor state it is medically necessary for you to have 12 weeks of leave or that it is medically necessary for you to take the time intermittently.

And how is my request different from that of a father taking off. It's not. An employer can require dad to complete FMLA certification paperwork as well, even if only to verify that someone his having his child. (It's certainly within the realm of possibility for some guy who'd like a couple of weeks or a couple of months off to SAY that he is taking parental leave.)

Certainly he wouldn't need a doctor to say it is medically necessary for him to take leave? Again, medical necessity is not the issue. Your HR department is badly confused.

By the way, what your HR Department is confused about are the requirements in the FMLA for leave "due to a serious health condition" (i.e. medical leave) and parental leave. They are not one in the same but if they don't deal with the FMLA too often, I can see why they're getting confused.

Tell them (nicely) that they need to go back and review the particulars that apply to FMLA leave due to the birth or placement of a baby.

Thank you- thank you for confirming that I am not going insane!!

I was reasonable certain that I was reading the law correctly - and yes my HR is badly confused. For my last pregnancy my Dr just wrote a letter for me rather than me having to cause a big scene, but in this case I think I'll have to stand my ground. (I'm working on the "nicely" part ;) )

Thanks again for your prompt replies - I feel much better about my argument now.