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FMLA - Care For Child - Employer right to reject timing Ohio

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  • FMLA - Care For Child - Employer right to reject timing Ohio

    My Wife started her position on 3/20/2011. She gave birth on 1/19/2012 and took sick leavefor 8 weeks at which point her manager required her to return, and she did.

    My wife is now requesting time off in June under FMLA to "care for her child"/bond. Her company is rejecting this request and saying she has to choose another date and that it has to be agreed to with the manager. (1) Can the employer do this and (2) is she truly eligible to take time off under FMLA.

  • #2
    She was not eligible for FMLA at the time she went out on leave, since she had not been with the employer for 12 months yet. (FMLA eligibility is set by Federal law.) She is eligible for it now, assuming all other criteria are met.

    However, intermittant baby-bonding time can only be taken with the agreement of the employer.

    http://www.garlands-digest.com/regs/...fr825.120.html
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Originally posted by jchandler76 View Post
      (2) is she truly eligible to take time off under FMLA.
      Does she meet all the requirements for FMLA? It seems she does now meet the worked for employer 1 yr. requirement. Will she have worked for her employer at least 1250 hrs. prior to taking the leave? Does her employer have 50 or more employees within a 75mile radius of her work site? If ALL applies, then she qualifies for FMLA.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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