Can I Stay Home with My New Baby?
If both the mother and father of the child work for the same company (that has at least 50 employees), they only get 12 weeks of FMLA protection to split between them, rather than 12 weeks each. "The rationale is to minimize the burden on employers," McCormick says. "Per household, or per new family, they would only be supporting one leave period."
Another reason you might not be eligible for 12 weeks of parental leave under FMLA is if you were on leave earlier in the year because of a medical condition. "The 12 weeks is an annual allotment of hours for all of your healthcare leave," Keary says. "Just because you're pregnant doesn't mean you'll have 12 weeks. If you broke your leg earlier in the year and used six weeks for that, you only have six left."
Keary says it's always a good idea to check with your company's human resources department to clarify if you are eligible for FMLA leave, and for how many weeks you are eligible.
Besides the guarantee that you cannot be fired while caring for a newborn child, FMLA also protects the health insurance coverage if the parent gets insurance through his or her employer. "If you contribute part of that, you still have to contribute the same part even though you aren't getting a salary. So you might have to make special arrangements," McCormick says. "But the employer continues to pay just like it would normally."
For parents who decide to quit their job while on leave, McCormick says withholding that information from your boss could result in some problems if you get insurance through the job. "Under some circumstances the employer can recover the amount of insurance premiums it paid out on you for at least part of the leave," she says. "You might have to pay them back for some of those benefits." Once you tell your boss you're not coming back, they are no longer under any obligation to pay your benefits.
Not only is FMLA confusing to new parents, it can be confusing to employers too. To clarify the laws, the Department of Labor has a plain-English explanation of the rights and responsibilities of FMLA on its website, www.dol.gov. "If someone was concerned, I would recommend they go and look at that first," McCormick says. "That might answer the question for them without needing to go to an attorney. Sometimes we do need attorneys and sometimes we just don't."
If, after consulting the Department of Labor's website, you believe you need an attorney, McCormick suggests looking for one who specializes in FMLA law, employment discrimination or employment law. "Things you might ask the attorney are, 'How many of these kinds of cases do you do?' 'What's been your experience?'" she says.
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