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NYCTeacher
LIF Zygote
Member since 12/12 7 total posts
Name:
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FMLA - Can my husband take it?
I had a baby on August 25th. I am taking maternity leave and FMLA which means I go back to teaching on November 18th. Is it possible for my husband to take FMLA at this time to stay home with the baby for a few more weeks?
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Posted 9/30/13 9:00 AM  |
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LL514
LIF Adult
Member since 4/10 1901 total posts
Name:
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FMLA - Can my husband take it?
yes, i know a couple at my school that has done this
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| Posted 9/30/13 9:09 AM |
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LeShellem
A new beginning
Member since 2/07 3600 total posts
Name:
LeShelle
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Re: FMLA - Can my husband take it?
Your husband will need to check with his employer but it he meets the requirement for FMLA he is allowed to have it. FMLA is not just for women. Most likely it will be unpaid just like it is for most women.
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| Posted 9/30/13 9:09 AM |
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NYCTeacher
LIF Zygote
Member since 12/12 7 total posts
Name:
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Re: FMLA - Can my husband take it?
Oh, I forgot to add - we're teachers at the same school!
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| Posted 9/30/13 9:11 AM |
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MegZee
My bunny
Member since 5/06 8777 total posts
Name:
Meaghan
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Re: FMLA - Can my husband take it?
Yes he should be able to...my DH is a NYC teacher and he said he can take the child care leave
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| Posted 9/30/13 9:22 AM |
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cateyemm
Twins!
Member since 7/10 8027 total posts
Name:
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Re: FMLA - Can my husband take it?
Posted by NYCTeacher
Oh, I forgot to add - we're teachers at the same school!
From what I understand, as long as youre not taking it at the same time, the yes!
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| Posted 9/30/13 9:35 AM |
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VikingChick
LIF Adult
Member since 5/11 1024 total posts
Name:
Anna
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Re: FMLA - Can my husband take it?
Posted by cateyemm
Posted by NYCTeacher
Oh, I forgot to add - we're teachers at the same school!
From what I understand, as long as youre not taking it at the same time, the yes!
When you work for the same employer, you get a combined 12 weeks. HOWEVER, the disability period (for recovery from childbirth) is NOT included in the 12 weeks. See below:
"29 CFR § 825.120 Leave for pregnancy or birth. ***
(3) A husband and wife who are eligible for FMLA leave and are employed by the same covered employer may be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is taken for birth of the employee's son or daughter or to care for the child after birth, ....This limitation on the total weeks of leave applies to leave taken for the reasons specified as long as a husband and wife are employed by the same employer. .... Where the husband and wife both use a portion of the total 12-week FMLA leave entitlement for either the birth of a child, for placement for adoption or foster care, or to care for a parent, the husband and wife would each be entitled to the difference between the amount he or she has taken individually and 12 weeks for FMLA leave for other purposes. For example, if each spouse took six weeks of leave to care for a healthy, newborn child, each could use an additional six weeks due to his or her own serious health condition or to care for a child with a serious health condition. Note, too, that many State pregnancy disability laws specify a period of disability either before or after the birth of a child; such periods would also be considered FMLA leave for a serious health condition of the mother, and would not be subject to the combined limit."
Soooo... what this means is, for example, if you take 6 weeks disability/FMLA then 6 weeks "straight" FMLA (which I think is what you are doing), your husband would be entitled to 6 weeks of FMLA.
But, you should also check with your employer/union rep, as you may have more generous benefits than the FMLA requirements, particularly since you are teachers- your contract may contain a provision addressing this question.
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| Posted 9/30/13 10:07 AM |
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BargainMama
LIF Adult
Member since 5/09 15657 total posts
Name:
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FMLA - Can my husband take it?
Don't teachers get up to like 5 years of unpaid childcare leave? That's different than FMLA, I would contact your HR department.
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| Posted 9/30/13 10:10 AM |
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teachermom
LIF Adolescent
Member since 8/11 843 total posts
Name:
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Re: FMLA - Can my husband take it?
Posted by NYCTeacher
Oh, I forgot to add - we're teachers at the same school!
This depends on your district. FMLA stipulates that when two people have the same employer, the employer decides if you can both take it. We work for the same district and my husband couldn't take it unless I wanted it to come off of my time.
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| Posted 9/30/13 8:56 PM |
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donegal419
St. Gerard, pray for us.
Member since 7/07 7650 total posts
Name:
K
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Re: FMLA - Can my husband take it?
It's in the DOE contract..... Dads can take up to 12 weeks as well! So ideally, the baby could have 6 months home with a parent, which is awesome. DH doesn't have to take all 12 weeks, but he can if he wants to.
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| Posted 9/30/13 9:42 PM |
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