FMLA for baby's mother

Irie

Not sure what to do here. An employee (male) is expecting a child. He and the baby's mother are not married. The mother is having some pregnancy complications and is in the hospital. Since the baby has not been born yet would you allow FMLA for this employee? I'm sure he wants to be with baby mama but I don't quite know how to designate these absences.

I searched the Forum and couldn't find anything like this but I'm sure my situation is not unique. What would you do?

ACU Frank

No go.

Even if they WERE married, this might not apply. She is in the hospital, ergo. his presence is hardly a medical/recovery necessity.

Irie

Even though the baby she is carrying is his and the baby's life may be in jeopardy? That was my concern. Thanks Frank.

stilldazed

If your company wants to be more generous that FMLA, you certainly have the option to do so as long as your policy supports the generosity and you are consistent with administration. FMLA would extend to the significant other only if your state allows the significant other relationship the same status as a married couple.

I have had similar situations with some of our staff, even including living together and claiming common law marriage. We are in Florida, and Florida cut-off date to recognize common law as a legal marriage is so long ago that I haven't had the option of extending FMLA protection in such cases. Having to share the message that there is no job/benefits protection when the worker is obviously emotionally engaged in the situation is part of how HR gets a reputation for being cold hearted, by the way.

best wishes