CORONAVIRUS (COVID-19) RESOURCE CENTER Read More
Add To Favorites

Men are eligible for time off for kids under FMLA Labor Law: Rights of fathers at work hammer

Richmond Times-Dispatch - 6/5/2017

Labor Law

As we approach the celebration of Father's Day, now is a good time to explain the rights of dads at work.

As it relates to childbirth, and placement of a child for adoption or foster care, men have a right to take off the same amount as women under the Family Medical Leave Act.

Under that law, both parents are entitled to up to 12 workweeks of time off to bond with their new child, so long as the parent has worked for the organization for a year, worked at least 1,250 hours in the preceding 12 months and the business employs 50 or more employees within a 75-mile radius.

When taking time off under the FMLA under these circumstances, the leave must be completed within a year after the placement or birth and needs to be taken consecutively, not intermittently.

While an employer can agree to allow the parent to take the time off intermittently, most organizations - in the interest of consistency - avoid making these types of exceptions.

If both parents work for the same employer, the parents can take only 12 weeks collectively.

The fact that the time off must be taken consecutively presents difficulty for some parents who need initial time off together but then might want to spread out the caregiving of one parent taking a block of time followed by the other parent.

For adoption and foster care placement, men and women are generally treated equally since neither has a serious health condition after the adoption or placement.

In a childbirth situation, however, women typically receive more flexibility - and more paid time off - since they will generally be entitled to short-term disability of six or eight weeks immediately following the birth of a child, and this time is usually paid partially or entirely by short-term disability or sick leave policies.

While the mother still will get only a total of 12 workweeks within a year, she could choose to use the six weeks of FMLA for a serious health condition immediately after the birth and then six weeks of bonding time for the birth of a child later.

For men, if they start their FMLA immediately upon the birth of the child, this may prevent them from being able to take the bonding time later, since the time off must be consecutive.

Men should consider simply taking paid time off for the initial days or week after the birth and then later asking for FMLA for bonding time.

In addition to FMLA after the birth or placement of a child, men cannot by law be discriminated against due to caregiving responsibilities.

While attitudes about men and women providing childcare support are changing, I frequently hear that men feel they cannot leave work to care for a child because of stereotypes. If women are entitled to any benefits at work related to child care or caregiving, men must receive the same benefit.

In addition, businesses cannot create policies that provide women with paid time off after the birth of a child or placement for foster care or adoption unless those same benefits are provided to men, other than in the case of providing paid time off for a medical condition.

Men shouldn't hesitate to use their benefits when the time comes, as these laws are designed to protect the rights of all parents.

Karen Michael is an attorney with Richmond-based KarenMichael PLC. She can be reached at kmichael@karenmichaelconsulting.com.