Male Employee and Intermittent Birth Leave

LindaS

I have a male employee requesting intermittent leave for the birth of a child. I know that the federal law only allows this if the employer agrees but WI also has a state law that allows six weeks for the birth and allows for intermittent leave. The state law also says that the leave must commence within the first sixteen weeks of the birth. Our company policy, which was put into place prior to my being with the company, states that any intermittent leave must be taken within the first sixteen weeks of the birth.

I have spoken with several HR people in my area and have received differing answers on this issue. Some tell me that once the sixteen weeks are over, they cannot take intermittent leave unless the employer agrees. Some tell me that as long as they take at leave one day during that sixteen weeks, they are granted the remaining six weeks of intermittent leave for the entire year. Yet others have told me that, since the employer needs to use the FMLA law that best benefits the employee, we must follow the federal law and allow them the entire 12 weeks intermittent in a year.

I'm hoping someone can help me with this complex issue to ensure I am administering this law correctly.

One last thing, this is an employee who likes taking his FMLA days every Friday.

Don D

Sounds to me as if your company policy has no relevance since both the federal and state law seem to grant more. The state law, I assume, applies to any ee that might not meet the federal time-worked definitions and the definition of company size. Otherwise, what's its value since it grants less time than the federal policy. I don't know what your state law allows; but, the federal statute requires that the leave for birth or adoption commence within 12 months of the date of the birth or placement and that it be concluded within the same one-year period. You're right that under the federal program, the employee can take the leave intermittently or on a reduced schedule ONLY if the employer agrees UNLESS the mother has a serious health condition connected to the birth or if the child has a serious health condition. In either of those events, your agreement is not required. I would suggest at this point, a call to a supervisor at the department of government in your state that monitors the state FMLA regulations. If you have time, a visit to that office to meet face to face with somebody and retrieve their business card will be in your interest. In the event that attempt fails, you should speak to an employment attorney who's familiar with such state laws.