paternity leave?

Question

how long does a father usually have off when his child is born? is there a difference depending on if you work in government or the private sector? and how does the FMLA law play into this.

Answer 1

The FMLA (Family Medical Leave Act) allows up to 12 weeks of unpaid, job-protected leave for the birth of a new child, to either the mother or the father, within the first 12 months after the baby is born. However, this law only applies to businesses that have more than 50 employees within a 75 mile radius, and only those employees who have worked at least 1,250 hours within the preceding 12 months and have been employed by the firm for at least 12 months at a site that has at least 50 employees within 75 miles are eligible to take the leave. Plus, if both the mother and the father work for the same company, they only get 12 weeks between both of them to share for the birth of the baby, not 12 weeks each.

The FMLA applies equally to government or private sector jobs, but there are lots of jobs out there that don't meet the tests for being "covered" by (subject to) the FMLA. In the absence of the FMLA, the employees would be subject to whatever their employer's own paternity leave policies are, or possibily to state requirements if you live in a state that has such things (mine doesn't).

If the employer does not have a paternity leave policy, there is no federal requirement that they implement one (although if they have a maternity leave policy, it is possible that you could pursue something under EEO laws based on gender discrimination). You can contact your local labor division or your Lieutenant Governor's office (both numbers should be in your local telephone book in the government/blue pages) to see if there is any local law that may apply.

For more information on the FMLA, you can look at Title 29 of the Code of Federal Regulations, Part 825. Or, you can contact the Wage and Hour Division of the US Department of Labor at either www.dol.gov, or toll-free at 1-866-4US-WAGE.

Hope this helps.

Answer 2

There is no law that requires a company to give time off for the birth of a child other than FMLA. Private or government does not matter. FMLA applies that you can take time off to bond with a child (either birth or adopted). The difference in time off allowed would be if you both work for the same employer. If you both work for the same employer then you are both entitled to the same 12 weeks, not 12 weeks each. But this is unpaid time off. (You can use any accrued sick or vacation time to pay for FMLA time taken).

Answer 3

Whether the expectant father is employed in the government or private sector, paternity leave is generally 2 weeks. Of course he should look in his employee handbook or speak to the appropriate person in Human Resources to find out the exact length granted by the employer and how FMLA plays into it.

Answer 4

"you could take statutory paternity go away in case you: are an worker, with a freelance of employment; and are the organic and organic father of the youngster or you are the mummy's husband or significant different (alongside with same-intercourse relationships); or you are the youngster's adopter or the significant different of the adopter; and function been along with your agency for a minimum of 26 weeks by skill of the top of the fifteenth week till now the initiating of the week whilst the toddler's due; or by skill of the top of the week in which you're notified of being matched along with your newborn; and could be totally in contact interior the youngster's upbringing and are taking the wear and tear day to help the mummy or guard the toddler To qualify for pay you additionally should: • earn a minimum of the decrease earnings decrease (LEL) for nationwide coverage contributions in case you earn below the LEL, (at the instant £ninety a week), you have the the main suitable option to unpaid paternity go away in case you meet the different circumstances, and ought to get earnings help on a similar time as on paternity go away. while you at the instant are not an worker, yet are an employer worker, place of work holder or sub contractor, you will no longer frequently have the the main suitable option to paternity go away, yet may well be eligible for pay in case you meet the different qualifying standards. What in case you do no longer qualify? in case you do no longer qualify for paternity go away, your agency may well be arranged to furnish you some injury day, or you need to take paid holiday."