Paternity Leave and FMLA (California)

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Paternity Leave and FMLA (California)

Post  charlikscott on Tue Oct 28, 2008 1:24 am

Asking this for a friend.

Kyle's girlfriend is due to give birth to their first child in late December. around the 20th, and Kyle is considering taking some time off, say a month, to be at home with the baby. Like me he works retail so he was thinking that he'd wait until January 1 to start the leave (basically be gone all of January) to help with post Christmas Chaos. Seems reasonable to the three of us.

He wants to go in and talk to the boss this week about taking the time off. But before he does, he wants to make sure he's got his facts straight about FMLA. Is he correct that:

1. He can take time off under FMLA
2. It does not have to be paid (although he does have time off from personal leave he hasn't taken that he is hoping to cash in)
3. He can not be replaced permanently. He's a store assistant manager. So they could temporarily upgrade someone to cover his duties but they can't find a new permanent assistant manager. Or if they do for that store they have to have the same position at another store for him when he returns.

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Re: Paternity Leave and FMLA (California)

Post  bears00 on Tue Oct 28, 2008 4:52 am

Some questions.

1. Has your friend worked at least 1,250 hours for this employer in the last 12 months immediately preceeding the leave?
2. How many employees are there within 75 miles of his store location?
3. Has your friend worked a total of 12 months for the employer (not necessarily consecutive)?
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Re: Paternity Leave and FMLA (California)

Post  charlikscott on Fri Oct 31, 2008 12:51 am

bears00 wrote:Some questions.

1. Has your friend worked at least 1,250 hours for this employer in the last 12 months immediately preceeding the leave?

he works 37.5-40 hours a week and has been there for two years. so yeah.


2. How many employees are there within 75 miles of his store location?
i can't give you an exact number cause that's a company secret (no joke, they won't tell you anything) but it's a major retail chain with 42 full sized stores and 9 half sized in that distance. So best guess on staff size averages, 42x50+9x30=2370


3. Has your friend worked a total of 12 months for the employer (not necessarily consecutive)?

see above

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