FMLA - Postpartum Wife

[NateFL]

What is the name of your state? Florida
1) Previous boss was working with me regarding care for my wife/newborn. She indicated that it wouldn't be necessary to use FMLA. (She was let go due to substance use etc.)
2) After her absence her boss gives me a final written warning regarding my attendance. After explanation he refers me to HR to handle FMLA. (Final warning still standing and can lead to termination at any time)
3) Doctor indicates that A) I will need to care for spouse during post partum recovery B) I will need to help her to and from appts C) I will need to help with care for newborn son.
4) HR interpretation is that I can receive intermittent time off to take her to appts but not to take care of our new born of whom my wife is primary caretaker. HR stated that I can take a block period of time off for bonding with my newborn, but expressed that it is not covered under FMLA to take intermittent time off to care for him when my wife cannot. Is this right?
Thank you for any help you can provide.

 

[cbg]

Sure is. Here you go, right from the source.

https://www.dol.gov/whd/regs/compliance/whdfs28f.pdf

 

[NateFL]

Sure is. Here you go, right from the source.

https://www.dol.gov/whd/regs/compliance/whdfs28f.pdf

What if it provides her psychological comfort/ reassurance?

 

[Zigner]

What if it provides her psychological comfort/ reassurance?

You forgot the part where that comfort/reassurance has to be provided to a "... family member with a serious health condition."

 

[cbg]

You were told that you could have time to take care of your wife. What you can't do is take intermittent time to take care of the baby.

 

[NateFL]

You forgot the part where that comfort/reassurance has to be provided to a "... family member with a serious health condition."

She is suffering from post partum depression.

 

[cbg]

Fine. Then time off to care for HER is covered by FMLA. Intermittent care to take care of/bond with the baby is not, unless the employer chooses to allow it. The FMLA statute expressly gives the employer the right to deny intermittent baby bonding FMLA time.

Care for your own medical condition is covered.
Care for a qualifying family member's medical condition is covered.
Baby-bonding time all in a block is covered.
Intermittent baby-bonding time is not covered unless the employer chooses to allow it.

This is all set up by statute, and it doesn't sound as if your HR personnel are saying anything different. So what's the problem?