How must my husband and I split FMLA for parental leave?

My husband and I both work for the same company. The company has 10000 employees and we do not work for the same division. We are both eligible for FMLA and I understand we can't both have 12 weeks for parental bonding leave. My work also designates the first 6 weeks post partum as sick leave because they consider that period a period of recovery from childbirth. I think I should be able to take the 6 weeks as medical leave and then split 12 weeks of bonding leave with my husband (and I would personally not take more than 12 weeks total). Does that sound right? Secondly, Our FMLA year is 12 months long and I am due near the end of the year. Can I take 10 weeks of FMLA in 2007 and then take 6 more weeks of FMLA parental leave in 2008? In other words, is my "bonding leave" limited even though I have available FMLA weeks?
Additional Details
I read online that my husband and have to split 12 weeks total of FMLA for bonding purposes. If we were both ill, we could both have 12 weeks off separately. My company does not have any maternity leave, however they consider you "sick" for the first 6 weeks postpartum and you can take sick leave which runs concurrent with FMLA. What I want to know is can't I take 6 weeks medical FMLA for the first 6 weeks and then 6 weeks parental bonding FMLA? Then my husband can still have a few FMLA weeks.

Poopy

According toTitle 29, US Code of Federal Regulations, Part 825.208(a), it is the employer's right AND responsibility to designate time off as FMLA time. Also, per 29 CFR 825.208(c), the employer can designate other employer-provided paid time off to run concurrently with FMLA. Further, neither the FMLA itself nor the implementing regulations delineate time off for the birth of a child under the FMLA as being partially for bonding and partially for childbirth recovery. That is something peculiar to your company, and as such, they get to determine how they want to implement/enforce it. Essentially, under the FMLA, you get 12 weeks of unpaid, job-protected leave for the birth of your child, for you and your husband to share, period.

However, since your employer uses a calendar year as the leave year, you could take 12 weeks off in 2007 for the birth of a child, and your husband could take a full 12 weeks off in 2008. Or, you could both take 6 weeks this year, and another 6 weeks next year, etc. (you have up to 12 months from the birth of the child to use the FMLA for "birth of a child").

The FMLA is an extremely convoluted law to enforce, with a lot of twists and turns and "it depends" sorts of answers. I recommend that you contact the Department of Labor's Wage and Hour Division, the federal agency that enforces the FMLA, and ask them. They have a toll-free number (1-866-4US-WAGE) and trained investigators who can ask the proper follow-up questions based on the give-and-take, etc., of your previous responses, and make sure you are well-armed with the facts that pertain to your particular situation.

Hope this helps. Good luck!

redvelvetflames4ever

FMLA laws are extremely complicated and have recently been reamended. In short, you are entitled to 12 weeks leave per year (12 mos.) If you and your husband take it at the same time it would be split whether it's 6 and 6 or 11 and 1. There are no rules how to split the 12 week leave between spouses as long as it doesn't exceed the 12 weeks. You write or it appears you are saying your company offers a 6 week benefit leave for post partum? If this is a completely separate benefit you can certainly take the leave in the manner you wish to do as written. If it is not a separate benefit unfortunately you will not be able to take the leave in the manner you wrote.

spadezgurl22

i am undertsnading what your saying but the best person to answer this is your human resource personal to they can see what weeks you have eligible, i know in some companies they give more weeks off for every year you work with the company. so hr would be your best solution to the problem.

hirebookkeeper

FMLA is very complicated. Does your company have a handbook that addresses all these items they told you? I dont understand about your FMLA year being 12 months long, I thought it started when you started your leave. Try doing a search on FMLA.gov

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