Posted by Tamara
Some Nevada employees have wondered about their rights regarding FMLA leave and have asked, “Under what conditions is an Nevada employer required by law to grant intermittent family leave to care for a newborn baby?”
There are none. Nevada does not have a family leave law at the state level. Guidelines for family leave for Nevada employers and employees come under the jurisdiction of the federal FMLA, the Family and Medical Leave Act.
FMLA allows workers to take up to 12 weeks of unpaid, job-protected leave for serious medical conditions (for themselves, a parent, a child or for a spouse). Employees can also take FMLA leave to bond with a newborn, a newly adopted infant, or a child newly fostered into the home. In the majority of scenarios, FMLA leave to care for a child, whether its 2 weeks or 12 weeks, is taken continuously.
An employee can take intermittent FMLA for a serious health condition where intermittent leave is necessary, such as an employee with cancer getting regular chemotherapy treatments. In these cases, the company must grant intermittent family leave. Currently, employers are not required to permit intermittent leave to care for a healthy child, whether that child is a newborn, newly adopted or a foster child who is new to the family.
What are a new parent’s options to take intermittent family leave to bond with a child?
Legally, there are none, but an employer is perfectly within its rights to grant intermittent leave for the birth and/or bonding of a child. Usually, the employer allows this type of FMLA leave only when a schedule is mutually agreed upon. Granting this leave, however, is completely up to the individual company.
Consider Rebecca and her husband, who adopted an infant. She wants to take 4 weeks of continuous FMLA leave, and then use the remaining weeks to return to work on a part time basis. Her employer grants the request, but with the stipulation that Rebecca splits her 12 weeks in half: 6 weeks continuous and 6 weeks as intermittent. This schedule is agreeable to Rebecca, so the leave is granted.
Rebecca’s employer could have legally denied the request, and insisted that Rebecca remain on continuous leave until she was ready to return to her normal work schedule.
Last 10 posts by Tamara
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