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"Sharing" FMLA Benefits in PA Pennsylvania

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  • "Sharing" FMLA Benefits in PA Pennsylvania

    Folks, I have a question for you. I'm going to be going on maternity leave in April of this year, and I just began making the required phone calls to collect information regarding FMLA in my company. I was told the following:
    • According to FMLA, I get 12 weeks unpaid leave.
    • My company will pay 6 weeks of that leave if it's a natural birth, and 8 weeks if it's a c-section. I realize that this isn't FMLA, this is my company being nice.


    I asked about my husband also taking time off for the baby, because we work for the same company, and was told the following:
    • According to FMLA, my husband is also allowed time off, but that we have to "split" the 12 weeks allotted to me. In other words, if he takes two weeks off to be with me (especially if it's a c-section), I'll only be allowed 10 weeks of FMLA, not the full 12.


    That didn't sound right to me - I thought it was 12 weeks per person, not per family. Can someone enlighten me? Thanks.

  • #2
    In the specific situation you are talking about, they are correct. You are essentially both taking FMLA for the same situation, so you share the 12 weeks.

    If you had pnemonia and your husband broke his leg, you would each get 12 weeks. But if your husband broke his leg and you took time off to care for him, you would share the FMLA. Same with your current situation.
    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
      If a husband and wife work for the same employer, the employer has the right to limit the total amount of unpaid job-protected FMLA leave the couple can take for the arrival of a new child to a combined total of 12 workweeks during a 12-month period.

      It is very nice that your employer pays for part of your FMLA time off.
      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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      • #4
        You learn something new every day Thanks for the information, folks!

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        • #5
          The limitation is only if the couple is taking leave for the birth, adoption or foster care placement of a child or to care for a parent. http://www.dol.gov/dol/allcfr/ESA/Ti...CFR825.202.htm

          Why these two cases have different rules is beyond me.
          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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          • #6
            Oops. My bad.
            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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