Paternity Leave: How
to Flex It Under FMLA (and Still Keep Your Manager Happy)
First, the labels. Maybe
you're shying away from calling it “paternity leave” for fear you'll
be slapped with a label of your own: “uncommitted”, “not serious about
career,” or some other mistaken notion. Second,
the typical game plan. Many
new fathers use vacation and/or sick days—but not “paternity
leave”—to take about a week off to be (and help) with their newborn.
That's it. But... ...you're determined to
spend more time with your baby and thus willing to bend, break or otherwise
challenge a real or perceived company culture mold. You plan to take paternity
leave—paid or
unpaid—and then some. Good for you! And if that's the case, here's a creative way to use
the (U.S.) Family & Medical Leave Act (FMLA) to flex your leave into a
part-time schedule over several weeks
or months.
Use FMLA to Take Intermittent Leave
In little-publicized intermittent
leave and reduced schedule leave provisions of the Family & Medical Leave Act, you may
arrange to work a temporary part-time schedule after your baby
arrives.
Keep in mind that the 12
weeks of leave allowed under FMLA are equal to 480 hours. You can use those
leave hours to devise a temporary part-time schedule.
In other words, you may be
able to arrange a three- or four-day workweek schedule once your paid time off
(if any) is over.
A three-day workweek may be feasible for the first week or two after your
return to work. Beyond that, proposing a four-day workweek is more practical from both a
financial and workload standpoint.
So while you may be unable to
financially and practically afford
the 12 weeks of unpaid leave allowed by law, by devising a temporary
part-time arrangement, you can have more
time at home with your baby each week for up to several months while retaining
most of your income.
Taking those hours off as
family leave under FMLA, your job remains protected by law.
Too Good to Be True? Here's the Catch
Does this sound too good
to be true? Well, be aware that you must first get your employer's permission
if medical necessity is not a factor.
Quoting from
the U.S. Department of Labor:
When leave is taken after the birth of a healthy child or placement of a
healthy child for adoption or foster care, an employee may take leave
intermittently or on a reduced leave schedule only if the employer
agrees.
Use a Proposal to Get Your Manager's Agreement
How
do you get your employer's agreement?
The time-proven way to get approval of
a flexible work arrangement is to present a professionally-crafted, persuasive
proposal to your immediate manager. It must address not only your scheduling
needs, but also your employer's bottom-line interests. Here's What to Say to
Your Manager
In presenting your proposal, frame the phase-back arrangement in a positive
light. For example, in discussing your paternity leave plans with your manager, you
might say,
You know there's no way
I can take the 12-week,
job-protected family leave I'm allowed under FMLA. It's just not practical for
the office or my family.
What I'm proposing to
do instead is to structure my leave time so that it'll have minimal impact on
office operations.
We've already discussed
how my work will be managed during my one-week absence right after the baby is
born; now
here's the temporary reduced schedule I've drawn up and an outline of how my job
responsibilities will be managed.
Not Covered by FMLA?
If your employer is exempt
from FMLA, use the resources listed below to help
you develop a custom plan and proposal for a short-term reduced workweek
anyway. Another
idea: Propose a temporary telecommuting or compressed workweek
arrangement to allow you more time at home without reducing your full-time
status. Added advantage: The temporary arrangement serves as a trial
period and proving ground should you want to pitch an ongoing arrangement.
Recommended Resources to Get You Started
Redesign Your Job to Telecommuting
or Compressed Workweek. These free self-paced planning exercises can get you started.
Telecommuting for Dads — Read why telecommuting is often the best flex choice for dads, their kids and
their manager. Use the Telecommuting
Proposal Package
to develop a fast-track pitch to your manager for a flexible work arrangement.
Paternity Leave and the Family Medical Leave Act is a useful article found at
BabyCenter.com. It answers several critical
questions including: When
can I take paternity leave?
How do I request leave?
Will taking paternity leave hurt my job?
What can I do if I don't qualify for FMLA leave?
Get ready, get inspired
and get equipped for fatherhood: Visit the National Center for Fathering.
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