Dad leave on birth of child - can we require intermittent?
kayes
2 Posts
The FMLA regulations state that leave for birth of a child or care of a newborn can be intermittent only with employer approval. Can we require that? The employee (dad) wants to take 12 weeks all at once. He is a project manager, earnings are in the top 10 percent, and he could arguably be a key employee, but we really don't want to go that route. What the division would like to do is propose some type of part time schedule to extend the 12 weeks, such as working half time. If he refuses, is it either full-time leave or key employee status?:help:
Comments
Strategically, before you have the conversation, you want to be sure that he meets the "key employee" criteria. Should he claim that you coerced him or interferred with his FMLA rights, you want to be sure you can properly invoke that he is a key employee and is not subject to FMLA. You also want to be sure that your state's leave laws, if any, also provides for a "key employee" exception.