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FMLA for Paternity Leave

Jena510Jena510
in 3rd Trimester
My fiance was wondering tonight what happens if he is not able to reach any of his bosses in the event of me going into labor? He is eligible for FMLA protection, but he works night shifts and is concerned about his legal rights i.e. we are looking for documentation that shows he will be able to leave work right then and there to come to the hospital for the birth of our child. I am having trouble finding this online. There are coworkers that will be able to run the store without him there, but he just wants to make sure all of his legal bases are covered so that he does not lose his job based off of a technicality. Thanks in advance!
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Re: FMLA for Paternity Leave

  • LivingANDLovingLifeLivingANDLovingLife member

    I have no idea how to answer your question... because I am in the same exact situation! I will definitely keep looking to see what others say for this! But I do want to ask you is on the paper work for FMLA paternity leave.. what did you write when they ask for LO's social security and full birth name.. also when they ask for birth certificates? What sections did they have you fill out for the paternity leave (my paper work says A & B, therefore OB doesn't fill out anything??? Is this correct??)

     

    Thanks so much!

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  • kayteatrudeaukayteatrudeau

    I would think talking to management early and arranging a procedure would be the most responsible thing to do in advance. Ask his boss' secretary to get his boss to put the arrangement into writing so it's all in the open.

    :-)

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  • Shandie_725Shandie_725 member
    That's something your H should definitely sit down with either the bosses or his HR rep and work out. 

    My DH works at either 5 or 6 am, and the supervisors do not arrive until 30 mins to an hour after the employees do. If something were to happen overnight, he'd call and speak to an overnight employee who takes the message and passes it along.
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  • snansleysnansley

    I think that FMLA doesn't actually kick in for dads until the child is actually born so I am not sure that it applies to his missing a night shift while you are in labor?  Certainly he would be able to talk to his boss the next day if you went into labor in the middle of the night.

    I would agree with the above post that he should talk to management about how to handle this.  What would he do if he got sick and had to call in for his shift? It seems like this would be a similar situation as far as who to call and when. 

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  • Corinne13Corinne13
    DH is a cop and works nights.  He had to go se HR and get paperwork that my Dr. had to sign off on and send back to his HR department.  There usually is some type of paperwork that needs to be filled out and approved by the employer.
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  • mommyreneemommyrenee

    hmm i think he just needs to have a sit down with his boss. typically, FMLA doesnt give any special rights for the labor/birth. it starts after your last day of work.

    dh will be taking FMLA for 6 weeks & he set it all up with HR & the state. FMLA doesnt have much to do with an employer, since its employee funded through your state.  as for his boss - he told them when my water breaks (or i go into labor) he needs to leave immediately since Im GBS+ and my drs want me there right away.

     as for the paperwork, you request it from the state labor website. I found it by googling "FMLA NEW JERSEY".  you can download & print or have it mailed. you fill out everything but can NOT send it in until his last day of work is complete. here in NJ, we need to included either the baby's discharge papers OR the birth certificate.

    your OB shouldnt need to do anything- that is usually for a woman's maternity leave through her job. 

     

    HTH & GL

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  • haleybeth81haleybeth81
    I would talk to his higher ups so they can give him an emergency number to call when he needs to leave.  My DH has actual paternity leave but also took FMLA with DD#1 when I was put on modified activity with pp pre e.  He just had to turn in a letter from the MD telling why he had to stay home and be primary care giver.  Also have DH call HR they're good with paperwork
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