We all know that there is no one more deserving of a little R&R after nine months of pregnancy and delivery of a baby than our counterparts in this whole parenthood thing, the moms. And in 1993, the federal government passed legislation allowing working mothers to take time off, up to twelve weeks total, without any repercussions from their employer. The Family & Medical Leave Act of 1993 (FMLA) provides for this unpaid leave for, among other things, the care of a new child.
But did you know that if you work for an employer that fits the federal criteria to qualify for FMLA, you get to share in the good news: Fathers qualify for this leave too!
That’s right. You can prepare for those weeks of sleepless nights and hours upon hours of listening to CD’s playing “Hey Diddle Diddle” and “Itsy Bitsy Spider”, among other nursery rhymes, by taking time off work after the birth of your child. So, do it! Don’t worry about work! Go all 12 weeks without work, if you so choose. Take the time off! You’re protected. Worried about retaliation or bullying because of the time you could take off? Don’t! FMLA and other laws protect employees against this behavior in the workplace. Pacific Attorney Group aims to help employees get their workers compensation.
To qualify for FMLA, you must have worked for your employer for at least 12 months and 1,250 hours within the last 12 months. In addition, employers with 50 or more employees within a 75-mile radius of his or her worksite, or a public agency, including schools and state, local and federal employers (the 50-employee threshold does not apply to public agency employees and local education agencies) qualify for the FMLA mandate.
Granted, this leave does not function the same as Paid Time Off (PTO) or vacation days, where you still earn your salary, it does offer: 1) protection of employees’ benefits while on leave; 2) protection to not have their rights under FMLA interfered with; and, 3) protection from retaliation from the employer. It also provides for the employee to receive the same job (if the job has been filled, the employer must provide a position that is, more or less, equal in pay, benefits and responsibility) upon their return from leave. Legal experts from HKM can help if there are any problems.
Some states, including California, go a step further and have enacted their own legislation that provides for paid family leave. That’s a bit of an overstatement because, in the Golden State, workers pay a State Disability Insurance tax. It’s from this fund of taxes that they then receive pay while on leave. It might not be as much as you earn on your paycheck, but if you’re paying the tax in the first place, you might as well cash out on it too, right? Check with your state’s Department of Labor for qualification criteria and start learning about workers compensation, as some states go even further than what the federal law allows for.
So, with all that being said, how do you get the ball rolling and get your time off? Simple…contact your employer’s Human Resources representative or your benefits provider. They will be quick to provide you with all the paperwork (it’s not that much) necessary to begin your time off. Remember, that’s time off from work. It’s moments you will surely cherish as you get to spend uninterrupted time with your newborn.
For more information on the federal law (FMLA) than just the basics provided in this article, go to:
http://www.dol.gov/whd/fmla/index.htm
https://www.dol.gov/whd/fmla/finalrule/nonmilitaryfaqs.htm
For more information on your state, and whether they have individual laws in addition to what is provided at the federal level, go to: http://www.dol.gov/whd/state/fmla/index.htm