NC maternity leave for father?

[gracemercy2017]

Not sure where else to ask this but I'm getting conflicting answers...

State: N.C.

I started a new job in May. I have accumulated 5 days paid time off. Wife and I had a baby 2 days ago. I haven't been to work since Tuesday. I'm on salary but don't get paid in full unless I make at least 40hrs / week, and when I go over 40 I don't get overtime...?(Not sure how legal that is itself)?

I haven't agreed to use my PTO yet. And I have not been getting many answers on what my options are as far as taking maternity leave as the husband.

How much time I qualify for (if any).

Was told I need to be with the company 12 months before I qualify. Is this true?

Any other criteria for qualifying / disqualifying me from being eligible for maternity leave?

What are the options here?

Who do I talk to in my company? (H.R. hasn't been much help).

Do I need to file any paperwork? (N.C. USA)

 

[xanthosine]

@gracemercy2017 You do not qualify for any FMLA since you haven't been there more than a year. NC doesn't have any parental leave laws, I believe, so unless you use PTO, your company could fire you for no showing.

 

[rosenberg]

@gracemercy2017 Not to be that guy, but this really feels like something you should have discussed with your boss before the baby was born…

 

[gracemercy2017]

@rosenberg My head administrator assured me multiple times verbally that "we will work with you" "Take a couple days here and there, space it out, etc."

Nothing in writing. No number of days discussed. And she has been known to throw people under the bus for no reason.

 

[mamagreen]

@gracemercy2017 They’re gonna tear you a new asshole dude, never take your bosses word as gospel unless it’s in writing and legally enforceable.

 

[gracemercy2017]

@mamagreen I'll be back to work Monday. Not sure if they are taking these last three days as PTO or not but they were aware at the end of the day Tuesday (our due date) that I wouldn't be back until Monday.

 

[sabtuhore]

@gracemercy2017 r/AskHR

 

[jeebuzz]

@gracemercy2017 The term is paternity leave.

 

[gracemercy2017]

@jeebuzz Sorry, I haven't gotten much sleep the last couple days

 

[jeebuzz]

@gracemercy2017 I guess you’ve got mom brain

 

[gracemercy2017]

@jeebuzz I got Mr. Mom brain right now. Lol. But thank you for looking out

 

[vonnegut]

@gracemercy2017 You probably have to use PTO unless you come to an arrangement with your boss.

 

[gracemercy2017]

@vonnegut My plan is to use baby pictures for leverage. I have no shame considering I'll be showing them to everyone with eyes on account of how perfectly beautiful she is.

 

[gracemercy2017]

@vonnegut

 

[mamagreen]

@gracemercy2017 North Carolina has terrible labor laws, even for the United States. You’re probably SOL, but you can get unpaid FMLA. I’m in PA and we’re not that much better than NC for labor protections tbh so that’s the rout I will be taking.

Edit: re-reading your post, having started your job four months ago FMLA is probably not on the table tbh, which isn’t your fault this country is shit. Good luck

 

[gracemercy2017]

@mamagreen I agree. I love this country. It's absolutely beautiful and breathtaking from coast to coast. I served it with honor. But the people in charge of it are completely fucked and are fucking it up. Couldn't stand behind their agenda anymore so I got out. Shit needs to change. Other countries have amazing Healthcare and maternity / paternity laws. This system is a joke on a global scale.

 

[kauri]

@gracemercy2017 PTO is the best method. At some companies you accrue short-term disability leave as a benefit that they may let you use for paternity leave. It usually pays 50% of your paycheck. That one is a question for HR, since you haven't been there long you may not have any accrued even if they offer it.

Last option is unpaid leave time that will reduce your paychecks even though you're salary, but since you haven't been there over a year there is no law saying they must offer you this. If you're very lucky your boss could work out a deal to let you take some days off and still get your full paycheck, a deal under the table.

And that's pretty much paternity leave in the US. I'm not 100% on any of this so don't take my word alone, I'm only doing the research myself recently.

 

[gracemercy2017]

@kauri Helpful insight. Thank you