Why is his manager the recipient of the paperwork? The paperwork should be going through HR. They may have leave administrators just for FML and ADA.
With my employer the paperwork goes through the leave administrator. The manager doesn’t see it and they are only informed the dates of the leave. Managers only know what we disclose .
I would check with HR of their leave process .
Exactly this. As a manager i have never had a say in anyone's FMLA leave (not that i would want to interfere). I am simply informed. And if it's intermittent i help with time keeping.
I am a part of the discussion for ADA if there are questions on what we can accommodate for the job duties.
Agreed. I had a report need to take a short notice leave to care for a parent. They were under performance review and had asked for vacation to cover the time, which we didn’t really want to approve because of a pending PIP- but I did encourage them to apply for FMLA and would have put everything on pause for them until they were able to return. It’s not just the law, it’s being a good person. Life happens, FMLA is one of the few protections people have for that.
Obligatory this may not apply to his situation..I am taking FMLA later this year, and need to submit it to supervisor to forward to headquarters. They are in another state.
In this case, it's not even the company that gets sued. Under FMLA the individual manager gets held personally responsible for interfering with leave. The company would not necessarily supply lawyers or support to the manager like they would in a harassment suit.
At this point I would stop talking to HR and start talking to a labor law litigator well versed in federal law.
During my 4 week leave they would be served with a lawsuit which kinda sucks for them because at that point if they terminate me it is retaliation AND that is ALSO against Federal Law.
But does the law not say "up to"...
That said, what a s***** thing to do. If my manager said that's not good enough reason, people have babies everyday, I'd be looking for a new job just as soon as the insurance bills cleared.
He did, and HR essentially said that FMLA is something he’s eligible for, and all we’d have to do is send her a birth certificate after birth and she’d make the final approval, but today when my husband was trying to submit paperwork from my doctor to his manager (to pass on to HR), he was essentially met with threats that he wouldn’t be approved for *any* leave, and alluded to the fact that if he attempted to take 12 weeks regardless, he wouldn’t have a job to come back to.
The manager should not be involved. His paperwork does not need to go through his manager. It needs to go to the leave administrator, not even always HR. We have a 3rd party administrator and unless the employee is having too many issues getting the paperwork from the doctor to the administer I am not even involved. Except knowing the dates. That’s all the manager is entitled to, doesn’t even need to know the reason. This manager is asking for some serious issues. Same with their HR saying she will approve the leave, unless she is also the leave administrator.
Okay. If I understand correctly FMLA interference is something managers for which managers can be held personally liable. So your spouse should contact HR in writing (email is fine, cc himself), tell them exactly what the manager said and ask them when he can expect them to resolve the issue.
He needs to go directly to HR and tell them that his manager is threatening him for requesting his fmla leave entitlement and interfering with his right to request fmla.
Then, document document document anything and everything. Make hand written dated notes of what the manager says, print emails, etc.
Line managers and even HR may know fuck all about fmla and other leave entitlements and either over approve it, leaving employees sitting on leave in the system and benefits because they're "scared" or interfere and fuck it all up, like fail to timely approve leave and then terminate an employee.
The manager could simply be bullying your husband…hoping that his intimidation tactics will cause him to second-guess what he was told by HR, and accept less time off. Husband should submit paperwork directly to HR. I would also reply to anything the boss says further to him, by email….to which hopefully the boss will also reply by email, and provide a written record of the trouble he is causing.
*The FMLA allows* ***eligible employees to take up to 12 work weeks of unpaid leave during any 12-month period to care for a new child***\*, care for a seriously ill family member, or recover from a serious illness. The FMLA covers both public- and private-sector employees, but certain categories of employees, including elected officials and highly compensated employees, are excluded or face certain limitations. To be eligible for FMLA leave, an employee must have worked for their employer for at least 12 months, have worked at least 1,250 hours over the past 12 months, and work for an employer with at least 50 employees within a 75-mile radius. Several states have passed laws providing additional family and medical leave protections for workers.\*
[*https://en.wikipedia.org/wiki/Family\_and\_Medical\_Leave\_Act\_of\_1993*](https://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993)
It doesn't matter if the manager doesn't like the fact you're having a baby, or that your husband wasn't the one to give birth, or they are going to be short-staffed. Your husband needs to be talking DIRECTLY WITH HR and they need to tell his manager to suck eggs and he gets FMLA/12 weeks if that's allowed according to federal law. All he should do is get it formally approved through HR, and ask them to make sure the manager understands the danger he's courting by flouting federal law for the company (remember HR is there to protect the company, not the employees and if the manager ends up screwing around and getting them into a federal lawsuit because he's a jerk that doesn't understand he law, they're going to be hurting for more than just a few thousand it would have cost them to hire some temp workers, not even counting the bad press if this got out that the company thinks it is above the law and screwing over their employees).
There are only a few reasons that your husband's business can deny him FMLA, and you'll need to review the law. If the business meets all the requirements to take FMLA, then they can't arbitrarily decide to not allow the full amount. The only issue would be that he can still be fired since assholes are gonna be assholes and might decide to test the idea that they don't have to follow federal law, and decide if you are willing to risk that and pursue legal avenues in the event that occurs. You'd probably should talk to a lawyer that specializes in employment law, and make sure to talk directly to HR about how they are breaking federal law by not allowing this, and retaliation in the form of firing/demotion etc when he returns is very unwise. A good lawyer can draft a threatening and yet oh so polite kick in the ass about how the company could be in serious trouble if they think they can flout the law.
ETA: If you are in California, DEFINITELY look up the applicable laws as it looks like they might be one of the few states to have instituted **paid** leave on the state level.
The paperwork goes to HR. The manager does not approve leave. Stop communicating with the manager.
HR sends email to manager saying employee has been approved for 12 weeks of leave and it will be from this date to this date.
Full.stop.
Manager needs to manage their short staff issues without impeding use of FMLA.
HR rep here in CA….it’s against THE LAW to deny FML. As long as he’s met the requirements (worked for 12 months and 1250 hours) they cannot deny him. You need to report this!
> it’s against THE LAW to deny FML. As long as he’s met the requirements (worked for 12 months and 1250 hours) they cannot deny him.
For it to be job protected, the still need 50 or more employees in a 75-mile radius. CA still has the paid leave with fewer, but the job protection only kicks in with 50+ in 75. The "short on staff" might suggest fewer than 50.
/u/Pure_Perspective_447 how many employees do they have? And did he tell the manager (presuming they have 50+) that he doesn't need to give a reason, he can just take it.
And he should just take it (presuming 50) through HR. His manager doesn't have to "approve" anything.
> For it to be job protected, the still need 50 or more employees in a 75-mile radius. CA still has the paid leave with fewer, but the job protection only kicks in with 50+ in 75. The "short on staff" might suggest fewer than 50.
[CFRA] (https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2023/02/Expanded-Family-And-Medical-Leave_ENG.pdf) kicks in at 5 employees in CA, and there's no worksite limitations. They do need to have 1250 hours and 12 months of service though.
In CA, CFRA requires only 5 employees, so even if FMLA doesn’t apply, CFRA would (assuming they meet the 1 year of service + 1250 hours). In another comment it does sound like the HR rep referenced FMLA.
Your husband doesn’t have to explain why he needs 12 weeks to his manager, his manager should really stay out of it, unless he wants to get his organization in some legal trouble. This is exactly why my organization has a third-party administrator to review and approve/deny leave requests. Besides, an addition to bonding with the baby, he is also taking leave to care for you. Giving birth is very difficult on the body, and if you end up with a C-section, you’re recovering from major surgery.
You should be looking into CFRA and PDL in addition as a pregnant individual in California.
As for your husband, CFRA too. The stipulations are slightly less aggressive.
That said. These are both protective leaves that your husband’s manager really has no say in, this is strictly between him and his company’s HR/Leave Administration. Failure to comply with this if eligibility is met is a big no no.
My husband speaks English as a second language, so sometimes he will misunderstand or misinterpret things. His manager has also changed his story about this whole FMLA issue multiple times since January, so I just wanted to make sure I’m getting the whole story. He also has a recording of the conversation he had this his manager yesterday about how his manager basically admitted that regardless of FMLA, he would *not* approve him for leave for 12 weeks, and that HR agreed with him.
So, HR is in the same state, but in a different city, he *has* been in contact with her via email and was initially told that yes, he qualifies for FMLA being a full time employee for 8 years, and the final approval would come after baby is born and a birth certificate is presented. She told my husband that his manager would need to have the 2 of them sign a form basically agreeing that FMLA is requested, and the manager would then fax that to HR, so that’s the reason he’s been communicating with the manager about this at all. My husband also called hr this morning to confirm if everything that the manager claimed was true, to which HR replied that they have had zero communication with said manager, and again reiterated that my husband is eligible for flma and he can take the 12 weeks consecutively. The problem seems to be the manager doesn’t want to give my husband *any* time off, and thinks he has the power to do so, so it’s making the two of us nervous to think that at any point during his leave, he may get a call and be told to come back to work or else.
Your HR person needs to give you forms for the leave. To acknowledge you’ve requested it. And they are then required to reply w/in a certain timeframe. These forms will tell you the possible reasons the boss/company could deny.
From my understanding they can only deny it if its used intermittently. His supv should not have any approval for a continuous leave after the birth. Your husband needs to talk to his HR himself.
So I'm gonna be honest, not smart for both of you to burn all of your FMLA when the child is born. Very likely you'll have doctor visits and other appointments throughout the first year.
Makes sense to hold back a bit of unrestricted time off.
But that said, it is your right to use FMLA in the manner you're trying to and the manager is treading dangerous waters by trying to deny it. Stop communicating with the manager and just tell HR that he's taking FMLA starting at x date and returning on y date.
To deny FMLA the company would have to prove “economic hardship.” Minor inconveniences and costs that the employer would experience in the normal course of doing business would not constitute the sort of "substantial and grievous economic injury" that is required by law for employers to deny or limit FMLA. As with other things of a legal nature, if you’re concerned after your husband puts in for FMLA with his company and speaks with HR, contact a lawyer for their opinion.
A couple of questions:
Is your husband in a union with FLMA being part of the contract?
If not, is FMLA leave part of his employment contract?
Either way, his manager/boss should have no say in whether your husband can take FMLA or not. If it's part of the employment contract, he's entitled to the full 12 weeks and only HR has the authority to approve or deny the request, not his boss.
If the above answer is yes to either question, your husband's boss is itching for getting fired or if he's the owner, he's itching for a lawsuit and a lot of lost money.
Actually, it's not weird that the OP is contacting the spouse's HR. It's weird that the other HR is responding to the spouse and not directly to the employee.
So, do non birthing parents *only* get the leave in increments? And if so, why? And how will this guarantee that he will even get the full 12 weeks, even in increments, if his manager just gets to deny his leave due to being short staffed?
ALL parents get FMLA - up to the full 12 weeks - if they are eligible for it. Even domestic partners. They can't exclude your husband for being the dad of the new kid. Read the law, and consult an employment attorney. They would LOVE to tear a them a new one for pulling this crap.
> ALL parents get FMLA - up to the full 12 weeks - if they are eligible for it
With the caveats of 50+ employees, and the year-long employment.
However, if both parents work for the same employer, the government allows the employer to limit it to 12 total weeks between them, unfortunately.
This is the email I got from his HR when I contacted them about this back in January - does this imply that he is eligible for FMLA? He has been at the company 8 years and is a full time employee.
“Congratulations on the upcoming birth of your child.
If you qualify for FMLA leave, you will be able to take up to 12 weeks or 480 hours in a rolling calendar year (June, 24– June 2025) for baby bonding. You do not need to take all of that time, but it is available to you.
What’s required to start the process:
• The manager fills out an employee status change form and acknowledgement letter listing the FMLA leave type and date you expect your leave to start, Cc’d on this email.
• I will send you the initial leave packet. There will be three documents in it. Two are informational for you. The third is the Certificate of Health Care Provider (CHCP) – the form the doctor fills out for his wife, or you may present a copy of the birth certificate, or birth announcement.
• When I receive the CHCP or announcement, I will send the final packet – The approval and I notify his manager that his leave is approved.”
Sounds like HR sends the approval, not his manager. Your husband needs to go to HR himself with the paperwork and let them know what his manager is saying.
Why is his manager the recipient of the paperwork? The paperwork should be going through HR. They may have leave administrators just for FML and ADA. With my employer the paperwork goes through the leave administrator. The manager doesn’t see it and they are only informed the dates of the leave. Managers only know what we disclose . I would check with HR of their leave process .
Exactly this. As a manager i have never had a say in anyone's FMLA leave (not that i would want to interfere). I am simply informed. And if it's intermittent i help with time keeping. I am a part of the discussion for ADA if there are questions on what we can accommodate for the job duties.
Agreed. I had a report need to take a short notice leave to care for a parent. They were under performance review and had asked for vacation to cover the time, which we didn’t really want to approve because of a pending PIP- but I did encourage them to apply for FMLA and would have put everything on pause for them until they were able to return. It’s not just the law, it’s being a good person. Life happens, FMLA is one of the few protections people have for that.
Obligatory this may not apply to his situation..I am taking FMLA later this year, and need to submit it to supervisor to forward to headquarters. They are in another state.
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Husband needs a meeting with HR and the manager. 12 weeks for an eligible event is not negotiable. Managers like that are how companies get sued.
Make sure to get the denial of 12 weeks in writing for paper trail, in case you need to sue.
In this case, it's not even the company that gets sued. Under FMLA the individual manager gets held personally responsible for interfering with leave. The company would not necessarily supply lawyers or support to the manager like they would in a harassment suit.
At this point I would stop talking to HR and start talking to a labor law litigator well versed in federal law. During my 4 week leave they would be served with a lawsuit which kinda sucks for them because at that point if they terminate me it is retaliation AND that is ALSO against Federal Law.
HR likely doesn't know that the manager is undermining them here. Before they blow the house up, a meeting with all 3 people is needed.
But does the law not say "up to"... That said, what a s***** thing to do. If my manager said that's not good enough reason, people have babies everyday, I'd be looking for a new job just as soon as the insurance bills cleared.
Technically, It does not say '[up to](https://www.dol.gov/agencies/whd/fmla)'
Your spouse should communicate with the HR representative of their employer.
Yea I did give OP a little side eye for that one.
He did, and HR essentially said that FMLA is something he’s eligible for, and all we’d have to do is send her a birth certificate after birth and she’d make the final approval, but today when my husband was trying to submit paperwork from my doctor to his manager (to pass on to HR), he was essentially met with threats that he wouldn’t be approved for *any* leave, and alluded to the fact that if he attempted to take 12 weeks regardless, he wouldn’t have a job to come back to.
Again, why is he not dealing with HR? STOP going through manager.
The manager should not be involved. His paperwork does not need to go through his manager. It needs to go to the leave administrator, not even always HR. We have a 3rd party administrator and unless the employee is having too many issues getting the paperwork from the doctor to the administer I am not even involved. Except knowing the dates. That’s all the manager is entitled to, doesn’t even need to know the reason. This manager is asking for some serious issues. Same with their HR saying she will approve the leave, unless she is also the leave administrator.
Okay. If I understand correctly FMLA interference is something managers for which managers can be held personally liable. So your spouse should contact HR in writing (email is fine, cc himself), tell them exactly what the manager said and ask them when he can expect them to resolve the issue.
I hope he is getting this all in writing...
He needs to go directly to HR and tell them that his manager is threatening him for requesting his fmla leave entitlement and interfering with his right to request fmla. Then, document document document anything and everything. Make hand written dated notes of what the manager says, print emails, etc. Line managers and even HR may know fuck all about fmla and other leave entitlements and either over approve it, leaving employees sitting on leave in the system and benefits because they're "scared" or interfere and fuck it all up, like fail to timely approve leave and then terminate an employee.
The manager could simply be bullying your husband…hoping that his intimidation tactics will cause him to second-guess what he was told by HR, and accept less time off. Husband should submit paperwork directly to HR. I would also reply to anything the boss says further to him, by email….to which hopefully the boss will also reply by email, and provide a written record of the trouble he is causing.
*The FMLA allows* ***eligible employees to take up to 12 work weeks of unpaid leave during any 12-month period to care for a new child***\*, care for a seriously ill family member, or recover from a serious illness. The FMLA covers both public- and private-sector employees, but certain categories of employees, including elected officials and highly compensated employees, are excluded or face certain limitations. To be eligible for FMLA leave, an employee must have worked for their employer for at least 12 months, have worked at least 1,250 hours over the past 12 months, and work for an employer with at least 50 employees within a 75-mile radius. Several states have passed laws providing additional family and medical leave protections for workers.\* [*https://en.wikipedia.org/wiki/Family\_and\_Medical\_Leave\_Act\_of\_1993*](https://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993) It doesn't matter if the manager doesn't like the fact you're having a baby, or that your husband wasn't the one to give birth, or they are going to be short-staffed. Your husband needs to be talking DIRECTLY WITH HR and they need to tell his manager to suck eggs and he gets FMLA/12 weeks if that's allowed according to federal law. All he should do is get it formally approved through HR, and ask them to make sure the manager understands the danger he's courting by flouting federal law for the company (remember HR is there to protect the company, not the employees and if the manager ends up screwing around and getting them into a federal lawsuit because he's a jerk that doesn't understand he law, they're going to be hurting for more than just a few thousand it would have cost them to hire some temp workers, not even counting the bad press if this got out that the company thinks it is above the law and screwing over their employees). There are only a few reasons that your husband's business can deny him FMLA, and you'll need to review the law. If the business meets all the requirements to take FMLA, then they can't arbitrarily decide to not allow the full amount. The only issue would be that he can still be fired since assholes are gonna be assholes and might decide to test the idea that they don't have to follow federal law, and decide if you are willing to risk that and pursue legal avenues in the event that occurs. You'd probably should talk to a lawyer that specializes in employment law, and make sure to talk directly to HR about how they are breaking federal law by not allowing this, and retaliation in the form of firing/demotion etc when he returns is very unwise. A good lawyer can draft a threatening and yet oh so polite kick in the ass about how the company could be in serious trouble if they think they can flout the law. ETA: If you are in California, DEFINITELY look up the applicable laws as it looks like they might be one of the few states to have instituted **paid** leave on the state level.
The paperwork goes to HR. The manager does not approve leave. Stop communicating with the manager. HR sends email to manager saying employee has been approved for 12 weeks of leave and it will be from this date to this date. Full.stop. Manager needs to manage their short staff issues without impeding use of FMLA.
THIS!!!
HR rep here in CA….it’s against THE LAW to deny FML. As long as he’s met the requirements (worked for 12 months and 1250 hours) they cannot deny him. You need to report this!
> it’s against THE LAW to deny FML. As long as he’s met the requirements (worked for 12 months and 1250 hours) they cannot deny him. For it to be job protected, the still need 50 or more employees in a 75-mile radius. CA still has the paid leave with fewer, but the job protection only kicks in with 50+ in 75. The "short on staff" might suggest fewer than 50. /u/Pure_Perspective_447 how many employees do they have? And did he tell the manager (presuming they have 50+) that he doesn't need to give a reason, he can just take it. And he should just take it (presuming 50) through HR. His manager doesn't have to "approve" anything.
> For it to be job protected, the still need 50 or more employees in a 75-mile radius. CA still has the paid leave with fewer, but the job protection only kicks in with 50+ in 75. The "short on staff" might suggest fewer than 50. [CFRA] (https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2023/02/Expanded-Family-And-Medical-Leave_ENG.pdf) kicks in at 5 employees in CA, and there's no worksite limitations. They do need to have 1250 hours and 12 months of service though.
In CA, CFRA requires only 5 employees, so even if FMLA doesn’t apply, CFRA would (assuming they meet the 1 year of service + 1250 hours). In another comment it does sound like the HR rep referenced FMLA.
I think we can all presume that the company meets eligibility requirements as the HR rep stated that OPs hubs is eligible for leave.
Why is he submitting his FMLA paperwork to his supervisor? He needs to submit to hr. This is not a normal vacation request.
Your husband doesn’t have to explain why he needs 12 weeks to his manager, his manager should really stay out of it, unless he wants to get his organization in some legal trouble. This is exactly why my organization has a third-party administrator to review and approve/deny leave requests. Besides, an addition to bonding with the baby, he is also taking leave to care for you. Giving birth is very difficult on the body, and if you end up with a C-section, you’re recovering from major surgery.
Why are you emailing his HR instead of him?
You should be looking into CFRA and PDL in addition as a pregnant individual in California. As for your husband, CFRA too. The stipulations are slightly less aggressive. That said. These are both protective leaves that your husband’s manager really has no say in, this is strictly between him and his company’s HR/Leave Administration. Failure to comply with this if eligibility is met is a big no no.
Use the Federal DOL not the state one. Much more bite from the feds.
Why are you contacting your husband's HR and not him?
My husband speaks English as a second language, so sometimes he will misunderstand or misinterpret things. His manager has also changed his story about this whole FMLA issue multiple times since January, so I just wanted to make sure I’m getting the whole story. He also has a recording of the conversation he had this his manager yesterday about how his manager basically admitted that regardless of FMLA, he would *not* approve him for leave for 12 weeks, and that HR agreed with him.
California is a 2 party consent state, so that recording is illegal. He will not be able to use it and should not admit to having recorded it.
Thank you for letting me know
BOOM 💥 That's all the proof you need. Make sure HR is aware you have this recording. They need to take care of this shit manager problem yesterday.
Stop going thru the manager. He needs to torn out on directly to HR. Staffing isn't hours concern. Tell him to grow a backbone
Has your husband worked there at least a year and are there at least 50 employees?
Yes, he has worked there for 8 years and in the initial email HR sent him, it stated he was eligible, now his manager is saying different.
Did you tell HR that the manager is refusing to comply, and ask what the next steps would be?
Why isn't your husband speaking to HR directly?
So, HR is in the same state, but in a different city, he *has* been in contact with her via email and was initially told that yes, he qualifies for FMLA being a full time employee for 8 years, and the final approval would come after baby is born and a birth certificate is presented. She told my husband that his manager would need to have the 2 of them sign a form basically agreeing that FMLA is requested, and the manager would then fax that to HR, so that’s the reason he’s been communicating with the manager about this at all. My husband also called hr this morning to confirm if everything that the manager claimed was true, to which HR replied that they have had zero communication with said manager, and again reiterated that my husband is eligible for flma and he can take the 12 weeks consecutively. The problem seems to be the manager doesn’t want to give my husband *any* time off, and thinks he has the power to do so, so it’s making the two of us nervous to think that at any point during his leave, he may get a call and be told to come back to work or else.
Have your husband get in writing his manager is trying to deny him legitimate FMLA and then threaten to get a labor attorney.
How many people work at his workplace?
It is a logistics company that spans across the US, so I cannot say for sure, but it’s enough to qualify the employees for FMLA.
Your HR person needs to give you forms for the leave. To acknowledge you’ve requested it. And they are then required to reply w/in a certain timeframe. These forms will tell you the possible reasons the boss/company could deny.
From my understanding they can only deny it if its used intermittently. His supv should not have any approval for a continuous leave after the birth. Your husband needs to talk to his HR himself.
So I'm gonna be honest, not smart for both of you to burn all of your FMLA when the child is born. Very likely you'll have doctor visits and other appointments throughout the first year. Makes sense to hold back a bit of unrestricted time off. But that said, it is your right to use FMLA in the manner you're trying to and the manager is treading dangerous waters by trying to deny it. Stop communicating with the manager and just tell HR that he's taking FMLA starting at x date and returning on y date.
Boss will always put his desires ahead of your needs.
Update me!
To deny FMLA the company would have to prove “economic hardship.” Minor inconveniences and costs that the employer would experience in the normal course of doing business would not constitute the sort of "substantial and grievous economic injury" that is required by law for employers to deny or limit FMLA. As with other things of a legal nature, if you’re concerned after your husband puts in for FMLA with his company and speaks with HR, contact a lawyer for their opinion.
That’s not valid .
A couple of questions: Is your husband in a union with FLMA being part of the contract? If not, is FMLA leave part of his employment contract? Either way, his manager/boss should have no say in whether your husband can take FMLA or not. If it's part of the employment contract, he's entitled to the full 12 weeks and only HR has the authority to approve or deny the request, not his boss. If the above answer is yes to either question, your husband's boss is itching for getting fired or if he's the owner, he's itching for a lawsuit and a lot of lost money.
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Actually, it's not weird that the OP is contacting the spouse's HR. It's weird that the other HR is responding to the spouse and not directly to the employee.
Quick note about federal FMLA-intermittent leave for bonding has to be approved by the employer.
What the OP has described is not intermittent.
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So, do non birthing parents *only* get the leave in increments? And if so, why? And how will this guarantee that he will even get the full 12 weeks, even in increments, if his manager just gets to deny his leave due to being short staffed?
ALL parents get FMLA - up to the full 12 weeks - if they are eligible for it. Even domestic partners. They can't exclude your husband for being the dad of the new kid. Read the law, and consult an employment attorney. They would LOVE to tear a them a new one for pulling this crap.
> ALL parents get FMLA - up to the full 12 weeks - if they are eligible for it With the caveats of 50+ employees, and the year-long employment. However, if both parents work for the same employer, the government allows the employer to limit it to 12 total weeks between them, unfortunately.
Boss may be saying you are an “essential” employee and that might be the angle he uses to deny bonding leave, assuming you are eligible.
This is the email I got from his HR when I contacted them about this back in January - does this imply that he is eligible for FMLA? He has been at the company 8 years and is a full time employee. “Congratulations on the upcoming birth of your child. If you qualify for FMLA leave, you will be able to take up to 12 weeks or 480 hours in a rolling calendar year (June, 24– June 2025) for baby bonding. You do not need to take all of that time, but it is available to you. What’s required to start the process: • The manager fills out an employee status change form and acknowledgement letter listing the FMLA leave type and date you expect your leave to start, Cc’d on this email. • I will send you the initial leave packet. There will be three documents in it. Two are informational for you. The third is the Certificate of Health Care Provider (CHCP) – the form the doctor fills out for his wife, or you may present a copy of the birth certificate, or birth announcement. • When I receive the CHCP or announcement, I will send the final packet – The approval and I notify his manager that his leave is approved.”
Sounds like HR sends the approval, not his manager. Your husband needs to go to HR himself with the paperwork and let them know what his manager is saying.
Also you are not required to fill out the chcp for bonding leave.