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Family and Medical Leave Act
The Family Leave Act (its real name is the Family
and Medical Leave Act of 1993) is not a simple
document to understand so it's no small wonder that
you're confused. Here's a summary of what it means
for fathers:
Who can take the leave? Any person is eligible
who works for a public agency (federal, state, or
local) or a private-sector company that employs
fifty or more people. You must have been employed
by that company for at least twelve months, and
have worked at least 1,250 hours. This covers about
two-thirds of the total U.S. labor force.
How much leave can you take? Eligible employees
can take up to twelve work weeks of leave at any
time during the twelve-month period that starts the
day your child is born or adopted. If you and your
partner are employed by the same company, though,
you may be entitled to only a total of twelve weeks
between you. You don't have to take it all in one
chunk—you may be able to arrange to take every
Friday off for a year rather than 12 weeks
straight.
Is it paid? Employers are not required to pay
you your salary while you're on leave. But say your
employer pays for six weeks of family leave; you're
still entitled to take another six without pay.
What about benefits? Your employer must maintain
your coverage under the company's health plan for
the duration of your leave.
Is your job protected? In most cases, yes, you
are protected. Your employer cannot fire or replace
you while you're on leave unless he or she can
prove that your being gone has caused "substantial
and grievous economic injury to the operations of
the employer."
Do you have to give notice? Under the Act,
you're required to give your employer at least
thirty days' notice before taking your family
leave. But the more notice you give, the more time
everyone will have to get used to the idea.
Check with your state's employment department to
see whether it offers family-leave benefits that
are more liberal than those of the federal program.
In some states, California, for example, companies
that employ as few as twenty-five or fewer people
are required to offer their employees family leave
(as opposed to the federal program's fifty-employee
minimum). And remember: these benefits are
completely separate from the potentially more
liberal ones your company may offer. So be sure to
check with your employer's Human Resources
department.
©2007, Armin Brott
* * *
It's clear that most American children suffer
too much mother and too little father. - Gloria
Steinem
A
nationally recognized parenting expert, Armin Brott
is the author of Blueprint
for Men's Health: A guide to a health
lifestyle,
The
Expectant Father: Facts, Tips, and Advice for
Dads-to-Be;
The
New Father: A Dad's Guide to the First
Year, A
Dad's Guide to the Toddler
Years, Throwaway
Dads, The
Single Father: A Dad's Guide to Parenting without a
Partner and Father for
Life. He has written on parenting and fatherhood
for the New York Times Magazine, The
Washington Post, Newsweek and dozens of
other periodicals. He also hosts “Positive
Parenting”, a nationally distributed, weekly
talk show, and lives with his family in Oakland,
California. Visit Armin at www.mrdad.com
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