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hrmanager1
01-30-2006, 12:10 PM
In CA, here is the situation.... for FMLA, if you have 2 people who are married working for you, they are entitled to a TOTAL of 12 weeks FMLA between the two of them right? So what happens in that situation if you have two people who are not married or in a registered domestic partnership... but are having a baby together... do they each get 12 weeks (for bonding) or does it get combined for them as well?

Now how about PFL... is there anything that says that the total PFL entitlement is split between married couples working for the same company or do they each get 6 weeks for bonding? Now if it does say something like that, how does it work for the situation we are in (not married or registered domestic partnership but having baby together)?

hrmanager1
02-01-2006, 03:51 PM
Does anybody have any input regarding this? :confused:

cbg
02-01-2006, 05:32 PM
I'd be willing to give it a shot in any state but CA, but every time I try to answer a CA question it turns out that CA law is different that that of the other 49 states.

hrmanager1
02-02-2006, 08:30 AM
Thanks anyway :)

cbg
02-02-2006, 08:37 AM
With any luck Michael will come by - he knows everything! ;)

gjfhrm
02-02-2006, 08:56 AM
As far as the FMLA... if the "couple" are not married or domestic partners, each gets 12 weeks.

What seems to be a little known fact about fmla, is that the employer only has to grant the time that is medically certified.

Hypothetical situation:
If OB puts 6 or 8 weeks on a medical certification, employer should only grant 6 or 8 weeks, not what employee requests (which could be 12 weeks)
If employee wants additional time, they should recertify and DR would have to stipulate medical reason.

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