We like to call it āBaby bondingā but the Family Leave Act refers to it as āLeave to bond with a newborn child or a child placed for adoption or foster careā. By now, you probably figured out that I have love to talk and write about the Family Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA). I conduct webinars and seminars on employment laws and these are my two favorite laws.
About a year ago while conducting a seminar on FMLA, I asked the participants what form they were using in their companies when employees request ābaby bondingā. Usually the mothers are already out recovering from childbirth when they start baby bonding. My question was specifically in regards to the fathers. So a new father comes into the HR office and says āMy wife just had a baby and I want to take FMLAā. In my previous companies I always used a Request for Leave Form and the employee would check off ābaby bondingā. To my surprise I had several participants who responded āwe use the Certification of Health Care Provider for Family Memberās Serious Health Conditionā. I donāt know what face I madeā¦ but I am sure it was not a pretty one because everyone asked me āis that wrong?ā I said āIt does not sound right, unless the baby was born with a serious health condition, but let me do some research tonightā. When I got to my hotel room, I started reading everything I could find about it under the department of labor website (www.dol.gov).
Well, there it was clear as water in Fact Sheet #28G, second paragraph in bold letters āThe Employer may not request a certification for leave to bond with a newborn child or a child placed for adoption or foster careā; All you need is a simple request from the employee, preferably in writing.
My recommendation, create a āRequest for Leave Formā if you are not using one. Yes, you still need to provide the employee the Eligibility Notice, Rights and Responsibilities Notice and the Designation Notice.
Under the FMLA, an employee can only take baby bonding in a ācontinuous basisā unless the employer agrees to allow āintermittent leaveā. However if the parent is taking the leave to care for a newborn who was born with a serious health condition, then the parent can take the leave intermittently. This is the case when you will use the Certification of Health Care Provider for Family Memberās Serious Health Condition.
Another interesting thing with baby bonding is that it is one of the FMLA qualifying reasons when eligible spouses who work for the same employer are limited to a combined total of 12 workweeks of leave in a 12-month period.
So many exceptions here and there with FMLA ā¦ tricky, tricky, donāt you love it?
For a comprehensive 2 day training join me in Greenville, SC for my 2-Day FMLA, ADA and PDA Certificate Program starting August 26, 2019.
If you are looking for a refresher on FMLA and ADA and/or you are preparing for your HR Certification exam check out my 6 hour recorded review of “FMLA and ADA Compliance Certificate Program Everything You Ever Wanted to Know”.