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FMLA leave to care for newborn Arizona

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  • FMLA leave to care for newborn Arizona

    Situation: Employee gave birth last Nov. and used 6 weeks of FMLA leave and returned to work. This morning she leaves a voice mail for her manager stating that her baby is sick – she is taking him to the doctor and she will not be in today using her remaining FMLA balance for the absence.

    During the first year after birth, can an employee assert FMLA time without notice for the care of her baby or would “bonding leave” require 30 days advance notice?

    This of course assumes that whatever is wrong with her son does not qualify as a serious health condition.

    Thanks

  • #2
    You are correct. She can not just invoke FMLA on a whim or for routine ailments. If she is using it for bonding purposes, she must give 30 days notice. Intermittent leave for bonding purposes requires the approval of the employer.

    Send her the forms in case there is more going on than it appears but make sure it is clear to her what the rules are.

    http://ecfr.gpoaccess.gov/cgi/t/text....3.53.1.479.18
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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