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Questions about Paternity Leave Laws

Paternity leave allows fathers to take time away from work and be there for their families when they need them most. However, paternity leave policies vary from organization to organization. If you have questions regarding paternity leave, get in touch with Employment Lawyers on JustAnswer, who can answer your questions as precisely and quickly as possible. Listed below are a few top questions answered by Experts on paternity leave.

I run a small Non Profit Organization and would like to know what my responsibilities as an employer would be in regard to paternity leave for my male employees?

If your organization employs 50 people or more, then you would need to follow the Family and Medical Leave Act (FMLA) with regard to paternity leave, along with your own state’s version of the law. To find out specific information about your state laws, write in to Employment Lawyers on JustAnswer with details of your case.

I’d like to take paternity leave from my organization under the FMLA. Do I need to be married to be eligible for the leave?

Under the FMLA, you do not need to be married to get paternity leave to look after your child after he or she is born. However, since you are not married to the child’s mother, you may not be eligible to take leave in a situation where the mother suffers from a serious medical condition. You can only take paternity leave to care for the baby.

I am on unpaid leave and will have a C-section soon. I’d like to know if my husband is eligible to take leave to look after the baby and me after the surgery?

Paternity leave laws are decided by the Family and Medical Leave Act and individual state laws. In this case, at the very least, your husband should be eligible to up to 12 weeks of leave under the Family and Medical Leave Act, provided his company has at least 50 employees.

I work in a shop with 14 people and have been with the company for almost five years, working 40+ hours a week. I need to apply for paternity leave and would like to know how long I can expect to get and whether it will be paid or unpaid leave?

You should be eligible for paternity leave under the Family and Medical Leave Act. This leave is up to 12 weeks for a reason that includes adoptions or birth of a child. However, this Act only applies to employers who employ over 50 employees and an employee who has worked 1250 hours over 12 consecutive months. In your case the FMLA would, in all probability, unfortunately not apply because your employer has only 14 employees.

I have worked for an organization for 13 years and have more than 6 weeks of vacation time to take. My second child is due soon and my company insists that I file FMLA paperwork. I don’t want to use my FMLA now and would rather use my vacation leave and keep the FMLA for a more serious medical condition later on. Can my company force me to take FMLA?

If it is part of your company policy, they can get you to take FMLA leave. If you are only taking a few days off, it should not greatly affect your mandatory FMLA leave. Besides this, as you continue working, you add more leave to your balance. The mandatory 12 weeks of unpaid leave, as per FMLA, is only for one calendar year so it will only lower your leave balance for this year.

Paternity leave laws vary from state to state. But whether you are an employer or an employee, you need to know how paternity leave laws work to understand what your rights are. This is where Employment Lawyers on JustAnswer can help. By giving you the right legal information you need in the simplest and most affordable manner.
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