tag:blogger.com,1999:blog-13886780.post3646721334585398058..comments2008-05-21T13:18:58.781-04:00Estellehttp://www.blogger.com/profile/12133147419963948340noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-13886780.post-90982931590487243372008-05-21T13:18:00.000-04:002008-05-21T13:18:00.000-04:00are you able and will you pursue a 2nd-parent adoption? that would without question entitle you to a full 12 weeks.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-13886780.post-71353000198373654702008-05-17T22:22:00.000-04:002008-05-17T22:22:00.000-04:00I am not an attorney, but my daughter's non-bio mom too FMLA from her County employment when Eliza was born. She was able to because of the in loco parentis part of the FMLA law. She took a full 12 weeks off.<BR/><BR/>We were working with an attorney to have our will/power of attorney drawn up and the attorney wrote a letter to the HR department stating that there was an established relationship. That's all it took.Deehttp://www.blogger.com/profile/08177983744479877817noreply@blogger.comtag:blogger.com,1999:blog-13886780.post-38117562095396664052008-05-16T19:15:00.000-04:002008-05-16T19:15:00.000-04:00Sorry for the double comment- look at this www2.ucsc.edu/ahr/forms_and_data/orignal_docs_and_pdfs/Family_medical_leave_forms.pdf where the employee specifically treats domestic partner kids as in loco parentis situations, and see this case from Florida, which specifically says that someone may be in loco parentis when there is another "legal" parent, but doesn't lay out all the circumstances where that is the case. (hence why I think it's not clearly decided)Moms and Two Boyshttp://www.blogger.com/profile/12791118995536354509noreply@blogger.comtag:blogger.com,1999:blog-13886780.post-45891860491365789852008-05-16T19:11:00.000-04:002008-05-16T19:11:00.000-04:00When I posted yesterday, it was with teh caveat that I hadn't looked into it anymore. Can't give legal advice in areas where I don't have a license (or that much expertise). But I did some more digging today and it looks like the issue is not settled in Florida (it's not clear whether someone can be in loco parentis if there is another "legal" parent in the household) but as I said it's an undetermined legal issue- so it may be worth just asking your employer to talk to the benefits attorney about.... I know my firm gave me FMLA leave for when my non-bio was born- in the end it's up to the business whether they give you the leave or not, so if you can convince the attorney you "might" be entitled to it, maybe they'll give it to you. <BR/><BR/>Hope I didn't get your hopes up if it doesnt end up working out, but I figured better for you to have the info!Moms and Two Boyshttp://www.blogger.com/profile/12791118995536354509noreply@blogger.comtag:blogger.com,1999:blog-13886780.post-58834687501476116902008-05-16T16:18:00.000-04:002008-05-16T16:18:00.000-04:00If you haven't found these sites. <BR/>http://blog.laborlawtalk.com/2008/02/19/paid-time-off-and-fmla-in-florida/NHDOLLhttp://www.blogger.com/profile/17712453962475350730noreply@blogger.comtag:blogger.com,1999:blog-13886780.post-89909615928275920452008-05-16T11:05:00.000-04:002008-05-16T11:05:00.000-04:00What it sounds like to me, is that the law recognizes your responsibility to your child, and for HR or anyone else at your job to have said what they did to you, is a clear case of discrimination. Didn't I read that their response was emailed to you? Print it out for documuntation. If the passages that you included here are either your state or federal, they apply to you, and I would consult with an attorney. <BR/>If they are for another state, I would check what your state says about it first. <BR/>Even if your state isn't doing what is in the best interest of your child (giving you equal rights legally) it seems clear to me that the leave still applies to you.Anonymousnoreply@blogger.com