Combined FML
PAhr
165 Posts
Try to make it quick. Two employees, husband and wife, just had a baby last week. The female employee will use all FML within four weeks but has already been approved for two weeks vacation to extend her leave. The male employee used PTO last week and has no vacation. Apparently last week the male employee called in and said the baby needed to go to a different hospital and he wanted more time off but was refused. The wife called today completely outraged that her husband needed to come in today because their child is going to yet another hospital and she wants him to be there. I told her that today would be approved leave and to contact me tomorrow. Here is the problem. My boss is telling me that their combined FML will not allow for him to miss any work because the wife is using it all and is now very upset that I approved the day. I am thinking this falls under her own medical condition/him caring for a child with a medical condition. I know there are instances where the combined 12 weeks do not apply but I am unsure if he can use FML for the child or if it has to be for his own medical condition.
Comments
1. to care for the other (seriously ill) spouse,
2. to care for a seriously ill child, or
3. for his/her own serious health condition.
If leave is requested for another reason, namely to bond with a new child or to care for a seriously ill parent, the couple can only take 12 weeks of leave in total, with both her and his leave counted in the total.
If the child has s serious health condition, and being placed in a different hospital may signify that, the husband probably has more time coming. If the wife has been using FML prior to the delivery, it may be for her serious medical condition, not for bonding with the child.
Bottom line, looks like the husband has some time coming, let him have it.