October 28, 2004

Shifty FMLA

(825.100) The Family and Medical Leave Act of 1993 (FMLA or Act) allows "eligible'' employees of a covered employer to take job-protected, unpaid leave, or to substitute appropriate paid leave if the employee has earned or accrued it, for up to a total of 12 workweeks in any 12
months because of the birth of a child and to care for the newborn child[...]

(825.101) FMLA is intended to allow employees to balance their work and family life by taking reasonable unpaid leave for medical reasons, for the birth or adoption of a child[...]

(825.112) A father, as well as a mother, can take family leave for the birth

(825.116) The medical certification provision that an employee is "needed to care for'' a family member encompasses [...] situations where the employee may be needed to fill in for others who are caring for the family member, or to make arrangements for changes in care[...]

(825.200) An eligible employee's FMLA leave entitlement is limited to a total of 12 workweeks of leave during any 12-month period for [...] the birth of the employee's son or daughter, and to care for the newborn child

(825.201) An employee's entitlement to leave for a birth or placement for adoption or foster care expires at the end of the 12-month period beginning on the date of the birth or placement, unless state law allows, or the employer permits, leave to be taken for a longer period.

(825.203) leave may be taken "intermittently or on a reduced leave schedule'' under certain circumstances. [...] When leave is taken after the birth or placement of a child for adoption or foster care, an employee may take leave intermittently or on a reduced leave schedule only if the employer agrees.

I want to reduce my hours to 20 a week, in order to take over Marion's afternoon care from Dyan (Keleigh's mom), until we find a nanny, or I get a new job that is a 20 hour position.

Yet, I'm hearing from the University of Michigan's HR people that "You are no longer eligible to use FMLA time for this purpose." I think this needs further investigation.


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