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FMLA law and the options new fathers have

On Behalf of | Nov 30, 2020 | Family & Medical Leave Act (fmla)

It is often the case that the spotlight of being denied paternity leave is on the mother. Although these cases certainly happen and are important, the fact is that fathers also experience issues in requesting paternity leave. Under the Family and Medical Leave Act, or FMLA, both mothers and fathers are allowed to ask to take time off work for up to 12 weeks without pay. After this time, fathers are allowed to come back to work as if nothing had changed. However, there are certainly cases in Georgia and across the nation when issues arise before or after their request. The following includes a list of options that a father has when facing obstacles regarding the FMLA law.

Paternity leave denied?

The process of asking for paternity leave starts at the boss’s desk. If you believe that you will need some time off, it is important to inform your boss. In the event that they deny your request, you should then present them with a copy of the FMLA laws. You may obtain a copy of this document through the U.S. Department of Labor website. If your request is still denied, you should then contact your nearest labor department to file a formal complaint.

Part-time and denial of paternity leave

The very first thing you need to understand about paternity leave is whether you even qualify for it. The fact is that if you’re a part-time employee, you are likely not going to qualify, so your employer may deny your request. If this is the case, you can turn to your state laws to research whether there are any on the books that may grant you paternity leave. If that does not pan out, then your last step is to simply negotiate time off with your boss.

Adopted children and FMLA

One of the most common questions people have about FMLA is if it applies to adopted children. The answer is yes; it does apply to children being adopted. Your paternity leave may begin the day your child arrives at your home, or if you’ve adopted from out of the country, it may begin the day you leave to pick them up.

Although the law is pretty straightforward, the fact is that not all supervisors will accept it. This is why it may be important to have a personal attorney at the ready in the event that you run into obstacles before or after requesting paternity leave.