Can both parents take FMLA leave?

Both mother and father are entitled to FMLA leave for the birth of their child, or placement with the employee of a child for adoption or foster care. An expectant mother may take FMLA leave before the birth of the child, for prenatal care, or if her condition makes her unable to work, for example.

Can a company force you to take FMLA time?

The good news is that when you give FMLA notice, the company has to tell you within two days that they will force you take paid leave.If the company fails to notify you within two days, they cannot retroactively make you use paid leave for FMLA leave you’ve already taken.

Is it possible for an employer to not honor the FMLA?

However, employers don’t always honor their obligations under the FMLA. Cases of retaliation are, unfortunately, not as rare as they should be, and many employees find their employers making it difficult or impossible for them to take the leave they’re entitled to—or return to work once they’ve taken leave.

Who is the spouse for FMLA family leave?

This fact sheet explains when and how the limitation applies. For purposes of FMLA leave, spouse means a husband or wife as defined or recognized in the state where the individual was married and includes individuals in a common law or same-sex marriage.

Can a company punish you for being absent on FMLA?

It still happens, but it’s actually more common for employers to punish employees for being absent under FMLA leave. This can take a number of forms. You may experience verbal or other types of abuse when you return from leave, or while at the workplace under intermittent leave.

How often can a spouse take FMLA leave?

Eligible spouses who work for the same employer are limited to a combined total of 12 workweeks of leave in a 12-month period for the following FMLA-qualifying reasons: the placement of a son or daughter with the employee for adoption or foster care and bonding with the newly-placed child, and the care of a parent with a serious health condition.

Who is not eligible to take FMLA leave?

there are not 50 employees within 75 miles of where you work, you will not be eligible to take FMLA leave. Airline Flight Attendants/Flight Crew Employees Due to non-traditional work schedules, airline flight attendants and flight crew members are subject to special eligibility requirements under the FMLA.

What can I do if an employee is abusing FMLA leave?

FMLA provides job-protected leave to employees with a serious health condition, or to care for a family member with a serious health condition. But what if an employee is abusing that right? If an employer has an honest belief that an employee is abusing his or her FMLA leave, job restoration may be denied. How do you prove this?