Working Moms

quest about father's FMLA

I looked up information on it and am i correct it only really applies if your employer has over 50 employees?  Dh works in a small wearhouse, with only a few other people.  Basically if he wants any time off after the baby is he at the mercy of his employer and really has no "rights" to take any time?  TIA

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Re: quest about father's FMLA

  • Yes, that is correct. Although depending on your state he could qualify under a state leave law. For example my state, Oregon, only requires 25 employees to qualify for our own Oregon Family Leave Act, which is basically the same as FMLA except even more generous in some instances (like my maternity leave is longer under OFLA).

     Although, I just googled Wisconsin Family Leave Act and it appears it mirrors FMLA.

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  • Yes unfortunately you are correct. My husband use to work for a small company and the boss made sure he never had over 50 employees, always 48-49.  His boss made another girl come back at 6 weeks after having a baby. refused her extension.

  • Is the warehouse itself the entirety of the company? Or is it just a portion of the company? If there are other locations or offices operating under the same corporation they all still count. i.e. if you worked in a Starbucks where there are only 15 people working there, the number of employees includes all employees at all Starbucks, Starbucks corporate offices, etc. etc.

    Try looking on the bulletin board in his back room, where they post all the legal posters and whatnot. If FMLA applies to them, there will be a poster about it there. Otherwise, he should look in his employee manual to see if there is a section about FMLA or any type of leave they offer.

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  • Ours mirrors FMLA also but thankfully DH is in a company with more. My dad used it with my little brother since he was in NICU for 2 months, my mom had maxed out her time and so my dad used his time to fill in.
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