Fmla/pto/emb

[StacyLB]

What is the name of your state? MO

Do any laws require you to treat mother and father the same for leave due to a birth of a child? We have a PTO bank that includes time for vacation, personal issues, and first three days of any illness. Beyond that we offer an Extended Medical Bank that is built for any illness beyond three days. When a female employee has a child, we take three days from her PTO account and allow her to access EMB. Our EMB policy clearly states "own illness, own injury, own pregnancy or own pregnancy related illness"; thus, male employees are not allowed access to EMB accounts at the time birth. We would certainly grant FMLA to both parents in this situation, but would allow female employees to use PTO AND EMB, but male only PTO. Is this legal?

This comes up because we now have an employee that is adopting a child from China. She's asking if her leave will be PTO or EMB. My thought is if the above is legal, then we would allow her to use PTO but not EMB.

Are you now as confused as I am?

 

[cbg]

I'd have to do a little research to be certain, but I think you're on the right track. A pregnancy is a medical condition, which becoming a father is not and which adopting a child is not.

If I find anything different I'll let you know, and when Beth is back online she may have some thoughts to contribute, but my immediate, off the cuff response is that your policy is okay. Your instincts have almost always been on the right track, Stacy.

 

[StacyLB]

I'm much obliged! My instincts have felt off for a couple of weeks--compliment appreciated.

It's amazing how all of these policies, laws, etc meld together to create one giant headache at times. Your expertise is always welcomed.

 

[cbg]

I've heard FMLA, ADA and WC referred to as the Bermuda triangle because it's so easy for an employer to get mired down and lost.

I've gotten so far as to determine that MO has no related law to throw another monkey wrench into the machinery, so that helps, and I haven't found anything in the Federal law that would require you to allow what is essentially sick leave to be taken when no medical condition exists, so barring anything we both may have missed (and if we have I'm sure Beth will see it) I think you're on safe ground.

When I first knew you (and that's longer ago than you may realize) you were a little too inclined to look at the employee side without realizing the future impact of making exceptions, but that's a common enough error of inexperience and I'm not altogether sure it's a bad thing. You know your stuff and experience has made your overall judgement a lot clearer. I'm by no means perfect and I learn from you, too. It's a pleasure working with you.

 

[StacyLB]

As I'm sure you know, it only took a few times of feeling taken advantage of to figure it out. Kind of unfortunate.

Let me tell you, I've learned more from you and your thorough reponses than I could ever repay you for!

 

[cbg]

Thank you very much.