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How much time is your DH allowed to take for leave when LO arrives?

LucyRicardo3LucyRicardo3 member
edited December 2013 in Pregnant after 35
Asking this question because DH has been going through a series of interviews with a new company (still currently employed but trying to find something with room for advancement) and it sounds like they are going to make an offer.

When our twins were born, he had 10 days from their birth date for family leave without having to go into FMLA.

This new company is a fairly large company, offices all over the US, and this is a salary-middle management position.

The new company is aware that I'm due in mid February and he doesn't want to seem greedy for time off, but would like to include something reasonable in his requirements for accepting the position. I've told him that 10 days seems fair, but is that the law? I seriously don't know.

We are in the Atlanta area, if that helps.
Thanks in advance!

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Re: How much time is your DH allowed to take for leave when LO arrives?

  • obscurereferenceobscurereference member
    Unfortunately FMLA doesn't apply if you haven't worked at the company for at least a year so it will be up to the company to decide how much leave he gets and if it's paid. Two full weeks off seems like a lot of time considering it's only a couple months away but I hope you guys get what you want!
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  • mwhipple77mwhipple77 member
    My husband had only been at his job for 4 months when our daughter was born. He negotiated a week off with pay at the time of the job offer. Wasn't long enough, but it was something.

    I don't think it's common practice for employeers to give new dads paid time off, only to offer fmla. Good luck with the new job and baby!
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  • sweetky_06sweetky_06 member
    Unfortunately, there are no laws requiring an employer to give any type of paternity leave, paid or unpaid.

    As pp said, FMLA only applies when you've been at an employer for 12 months, you've worked at least 1,200 hours within those 12 months, and they employ at least 50 people within 75 miles of the location you work at.

    My employer actually provides dads with 3 weeks of paid paternity leave that a father can use overlapping with 12 weeks of FMLA.
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  • DTNZ4EverDTNZ4Ever member
    DH took off 2 weeks from the time I went into the hospital until he went back to work. He will do the same this time around.
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  • jen4018jen4018 member
    My husband's company give 2 weeks of paid paternity leave after they've been with the company for 1 year. Thankfully he will have been there for 2 years once the baby comes.
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  • icogburnicogburn member
    My DH will only get 1 week off and he has been at his company 1 year. He is in a commission role, so it will not be paid unless someone helps him close business while he is out. :(
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  • zetaqueen551zetaqueen551 member

    My husband is a professor at a university, and will not get any paid time off because he is considered a contractor.

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  • cookieinvacookieinva member
    I do not believe there is any US law requiring paternity leave. Or maternity leave either for that matter (not counting FMLA leave). My husband works for the federal govt and the only "policy" is that he can use his own accrued leave to take time off when the baby comes; same goes for me as I also work for the feds. So our answer is however much we have accrued and feel comfortable using (since we would not exhaust it all just in case). The US notably lags in this area.
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  • LucyRicardo3LucyRicardo3 member
    thanks so much, ladies.
    I've discussed your answers with my husband. I think he's going to try to negotiate for 4-5 days, as  hoping that I can have a VBAC,  and there will be no complications or NICU time. Thankfully, my parents are still somewhat young enough that they can come and help me with my older kids' needs for a few more days after he goes back to work. We will come up with a back up plan if things don't go perfectly.
    I know the timing of this is not so great, but I have faith that it will all work out the way it's supposed to. I'm trying not to worry about how it will all play out!

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