What do I do when an employee changes their original parental leave dates?

Question: 

I have an employee who is taking parental leave for an adoption soon. They originally requested intermittent leave and were only going to take two days off per week. They have now changed their request to use more time up front. This really puts a wrench in the schedule for the coming months. Am I required to approve their request?

Quick Answer: 

Before considering placing any restrictions on the change, you need to confirm which notice and scheduling requirements apply. Approve the revised schedule if it meets the requirements for protected leave. The staffing problem is real, but it does not override the employee’s right to take that leave.

The Legal Side: 

Start by identifying the protections that cover this employee. This means reviewing your written policies, state laws protecting the right to a leave of absence, and any available paid benefits for employees while on leave. 

Approving the original schedule does not, by itself, mean the employee must stick with it regardless of changing circumstances.

For private employers, federal FMLA applies to businesses with 50 or more employees for at least 20 workweeks in the current or preceding calendar year. Individual employees must also meet eligibility requirements. Some states have their own leave laws that cover employers with fewer than 50 employees, so being a small practice does not automatically put you outside protected leave requirements.

There are specific distinctions that matter. Under federal FMLA, taking intermittent leave solely for bonding requires an agreement between the employer and employee. An eligible employee does not need that same agreement to take a continuous block of bonding leave. Some states provide additional protections.

Sorting out how those rules fit together is not something most managers do every day. Before denying or limiting the request, you need a reliable answer about what the employee is entitled to take and what you are allowed to require. This is the kind of review CEDR’s Solution Center helps members work through.

Get the revised request in writing. CEDR’s leave request form helps document the updated dates and arrangement so everyone knows what to expect. Confirm how the employee should communicate any further changes.

Then plan for coverage during the approved absence. Do not make the employee’s leave approval depend on their willingness to come back in and help cover the schedule.

The Human Side: 

You planned around an employee being out two days a week. Now you have a much larger gap to fill. On a small team, that takes work. Making the employee feel guilty, however, will not fill an opening on the schedule.

It’s not uncommon for plans to change once a baby is born, or once an adoption takes place. The employee is going to be surprised and concerned about the new schedule changes just like you are. 

When it comes to the employee taking time off and the rest of the team, focus on the steps that you need to take to cover staffing rather than any personal feelings you may have to these changes. 

Tell the employee needing time off, “Thank you for letting me know as soon as you could. Let’s get the updated dates firmed up and documented so we can plan.”

That gives the employee support and gives you the information you need to move forward. You do not have to pretend the change is convenient. You do need to keep your frustration about staffing from spilling into how you treat the employee for using protected leave. The rest of your team will notice how you handle it, too.

The Takeaway: 

Once you know the employee is entitled to the leave, put your energy into planning for their absence. You still have a staffing problem to solve, and arguing with the employee about needing the time will not solve it.

FAQs

Does changing the schedule give the employee more total leave?

Changing when leave is taken does not, by itself, increase the employee’s entitlement. Track what has already been used and confirm what remains under each applicable program. Do not assume different leave programs always run at the same time.

What if the employee gives very little notice of the change?

Get the revised dates and find out when the employee learned they needed to change the schedule. Notice requirements distinguish between foreseeable changes and circumstances the employee could not anticipate. Short notice alone does not tell you whether the request can be denied.

What if our practice is too small for federal FMLA?

Check the other leave protections that apply before concluding the employee is not entitled to leave. Some state laws cover smaller employers. If no protected leave requirement applies, review your written policy and any leave commitments you have already made.

Explore the other two leave questions

• Do I have to pay out the whole PTO bank?

  Your handbook separates sick leave and vacation. Your payroll system combines them. Which one controls the payout?
  Read this answer

• Can I require PTO during a reduced FMLA schedule?

  You want to keep an employee’s paycheck whole and avoid another absence later. Where do the rules draw the line?
  Read this answer

Need help working through a leave issue?

You need an answer that accounts for your policies, your practices, and the rules that apply to your business.

Start a conversation with CEDR.