Can an Employer Choose when My FMLA Leave Starts

[smeep]

My question involves labor and employment law for the state of: California.

Hi, my wife is taking time off to care for our baby when she is born. I would like to take two weeks of PTO time when she is born to stay home and help, and then will return to work. When my wife's leave ends, she will return to work and I will begin my leave to stay home and care for the baby for a couple months.

My employer recently notified me that those initial two weeks of PTO that I will take when the baby is born will count toward my FMLA time. I, however, was under the impression that I could choose when to activate FMLA.

How does this actually work?

Thanks!

[cyjeff]

Whether it is paid or not, an employer does not have to hold your job longer than 12 weeks in a single year.

In other words... you can't be away for 14 weeks - 12 of FMLA and 2 of PTO - and expect job security.

[smeep]

In other words... you can't be away for 14 weeks - 12 of FMLA and 2 of PTO - and expect job security.

Does this apply even though the two events are separated by almost three months of time where I'm at my job and working? I think I'm not understanding why I can't take a two week vacation up front to help with the baby and have that count as vacation time. I shouldn't need any job protection for two weeks of PTO usage, right?

[cyjeff]

Does this apply even though the two events are separated by almost three months of time where I'm at my job and working? I think I'm not understanding why I can't take a two week vacation up front to help with the baby and have that count as vacation time. I shouldn't need any job protection for two weeks of PTO usage, right?

You can take FMLA in separate buckets... but can still only expect employment protection for 12 weeks in any given year.

The label of why you are taking the time is not important.

The employer does not have a choice in offering you FMLA. They must, by law. The only difference here is that some of that time is paid.

[cbg]

Additionally, baby-bonding is the one time when the employer can control what time you take.

The FMLA statute specifically and in so many words gives the employer permission to require you to take part of any applicable paid leave as part of your FMLA. You do not get to take PTO time and then FMLA time and add the two together to get more than 12 weeks.

[smeep]

Ok, well not what I was hoping to hear, but thank you very much to both of you for answering my question so quickly. I really appreciate the help!