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PART-TIME EE AND FMLA

szemcumoszemcumo 205 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
WE HAVE A PART-TIME EE WHOSE WIFE JUST HAD A BABY. DID NOT ASK FOR FMLA PRIOR TO BIRTH BUT NOW WANTS TO TAKE THE NEXT THREE DAYS OFF. OUR PTEE'S DO NOT GET INSURANCE OR OTHER BENEFITS, WOULD HE QUALITY FOR FMLA?
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  • 5 Comments sorted by Votes Date Added
  • GillianGillian 885 Posts
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    Yes, if the employee has been employed for one year and has worked 1250 hours in that year. Actually, it would be best just to give the guy three days off. He isn't asking for much.
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  • szemcumoszemcumo 205 Posts
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    THANKS FOR YOUR REPLY. WE WEREN'T DISPUTING GIVING HIM THE 3 DAYS OFF, JUST WASN'T SURE IF WE WANTED OR NEEDED TO GO WITH FMLA. GUESS THAT IS THE BEST WAY TO GO, SINCE HE WAS PUT TO PART-TIME BECAUSE OF POOR ATTENDANCE I EXPECT HIM TO WANT TIME OFF IN THE FUTURE TO CARE OF WIFE AND BABY. IF NO DR. DOCUMENTATION THIS IS NECESSARY CAN HE USE FLMA AS REASON TO BE OFF?
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  • GillianGillian 885 Posts
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    He can only qualify for FMLA if a doctor certifies that he is needed for the care of mother or child - because one of them has a serious health condition.
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  • POPEYEPOPEYE 958 Posts
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    Not to totally disagree with Gillian, but the birth or adoption of a new born is a qualifying event. It does not need to be a "Serious Health Condition" Your EE would qualify for the entire 12 weeks for bonding if he desired. If both husband and wife are employed by the same company, they must share the 12 weeks for bonding.
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  • jimlegaljimlegal 218 Posts
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    Agree with Gillian & Popeye. Sounds like you may want to start the paper trail now for your Absence Control. We would give the employee the 3 days off and monitor future absences as we do everyone else. I find your statement about this employee's past practice of absentism to be most important, especially for the future. Since we all know more absences will be forthcoming. Good luck with this issue.
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