The Mailbag.
Author | Delogu, Nancy |
Position | Letter to the editor |
FMLA: Can a new dad take baby-bonding leave on every Thursday and Friday?
Q Our company (over 50 employees) hired an employee about 10 months ago. He just had a baby and now says he wants to take off Thursdays and Fridays as FMLA to care for his daughter so his girlfriend (the mom) can go to school. Does he qualify for the FMLA?--Kenneth, New York
A First let's address federal law: Employees typically have the right to take FMLA leave to bond with their new babies within the first 12 months after the birth. However, this employee won't be eligible to take FMLA leave until he passes his 12-month anniversary date (assuming he meets all other requirements). Also, baby-bonding leave is unlike other types of FMLA leave in that an employer is not required to grant intermittent leave to bond with a newly born or adopted child. You can require such leave be taken as a continuous block of leave, although you can certainly elect to permit the intermittent leave if you want.
However, check your state law before making decisions in such cases. In New York, for example, the state's paid family leave law allows workers to take intermittent leave for baby bonding in increments of as little as a day. And employees become eligible after 26 weeks of work.
Employee won't sign the handbook acknowledgment form: Can we fire her?
Q We just updated our policy manual and are asking employees to sign a standard acknowledgment of receipt form. If an employee refuses to sign it, is that grounds for termination? Or should we just document that the person refused to sign?--C.C., Texas
A Either approach is going to be fine, and legal. I have known a few employers that will terminate an individual who refuses to sign a basic acknowledgment of receipt. Often, however, employers will accept the fact that the employee has refused to sign. When this happens, I typically advise the employer to notify the employee (and document the notification) that the policies and procedures still apply to the individual.
Employees may...
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