FMLA & ACCRUED SICK LEAVE

JaniceHR

Our policy states an employee may use up to 40 hours of their accrued sick leave annualy for sick family members. Should a Male employee be allowed more than 40 hours for the birth of a baby under the FMLA? Or just the 40 due to written policy? (Under our policy, after the 40 he would use personal leave then go on unpaid status for the remaing FMLA time).

Don D

He should be allowed the same amount of paid sick leave as the female employee who gives birth. Unless your state law requires that you pay them while on FMLA or allow them unrestricted access to their accumulated leave banks, you're free to develop your own policy in that regard. But you cannot treat the male differently. He's allowed the same amount of FMLA for the birth bonding as the female and his paid leave should be treated the same as hers.

njjel

Keep in mind that he may also entitled to unpaid leave aftr he has exhausted his paid leave under FMLA.