Family and Medical Leave Act

New Child Series (5 of 7):Legal Concerns-Birth Certificate & Social Security Number

Some more on my series dedicated to my new and soon to be parents out there will focus on all of the 'legal things' you need to be aware of once your baby arrives.

BIRTH CERTIFICATE
Birth certificates are critically important documents. A birth certificate is a legal document which lists the child's name, birth place, date, time and parents. If you have everything ready at the time of birth, you can apply for this document right at the hospital. Otherwise, you can contact the State vital records department to get it created. You’ll want to be sure you check the information carefully. Sounds funny, but I can't tell you how many times issues arise. Be sure the child's name is exactly how you want it- spelling, hyphenated last name, middle name. Whatever you want your child's legal name to be, make sure it's exactly that way on the document.

If there is an issue, i.e. you did not give the official name at birth, you’ll want to get it taken care of right away. To make updates to the name you’d need to get an order from family court. Once you get that order, you can provide the update and court order to the state vital records department.

If your birth happened outside of a hospital, you'll need to make sure you write to the department of health and complete their worksheet within 30 days of birth. If you do not complete the worksheet within 1 year of the child’s birth, you’ll end up with a real mess. You’ll have to provide additional evidence of birth and pay additional fees. Most concerning, your child’s birth certificate will automatically be marked DELAYED. The DELAYED mark can cause authorities to question the validity of this document and cause issues, for the rest of their life. You should get this done ASAP.

Adopting? Make sure you get the ‘new’ birth certificate. At the court hearing, the report of adoption will then go to the state offices of vital records. You’ll need to request a certified copy of the new birth certificate from that office, once everything is recorded.

From a legal standpoint, the Birth Certificate is a document which officially record's the child's birth, legal name and legal parents with the State in which the Child is born. You could call it the "Official Record" that your Child was born and born a US citizen. The name given on this document will be your Child's legal name for life (unless later changed, not an easy process). Parents on record will be considered jointly responsible. This document is always used in divorce cases and custody battles.

SOCIAL SECURITY NUMBER
Social Security Number is another extremely important legal identifier. Unlike the birth certificate, a social security number is not drawn up right away. Sometimes, the hospital will give you the form to take home and fill out. Otherwise, to get your Child assigned a SS number, you'll need to visit the government website, fill out paperwork and send in proof that your child was born in the US (here is where that Birth Certificate comes into play!). Again, you want to be sure that all information is 100% accurate before submitting.

From a legal standpoint, a Social Security Number officially records the child's birth with the United States of America. You could call it the "Official Record" for the US. In addition to your child one day being able to taxes to the USofA (ha), this number allows for a few different things. With this number now assigned, you, as the parents, can now legal write-off a dependent. This SS number also entitles your child to different benefits if they are disabled. As they grow up, this 9-digit number can help them apply for State and Federal Aid, if they need it. Once they hit the golden years, this same number you got them when they were born, will allow them to collect a monthly stipend from the government, Social Security. This number will follow your child throughout their life. It's critically important you get it and keep this number safe.

New Child Series (3 of 7): Legal Concerns- Parental Leave & Government Programs

My first few posts are going to be focused on some legal tips for the “planning” phase. That is the pre-baby to-do-list.

Parental Leave & Government Programs

As you prepare for your new one, make sure you understand the parental leave programs at your job, your states law, as well as what the government requires, and any governmental programs.

Below I’m going to highlight a few important notes for you, but to be sure you look at the sites I have linked to get more information.

All states have to AT LEAST meet the requirements of the Family and Medical Leave Act, (commonly known as FMLA) and some states provide even more rights. Some state laws require employers to give time for adoptive parents as well as biological parents. Check out your state’s government website to learn more.

Good resource for all State laws for parents who are planning to take parental leave: http://www.nationalpartnership.org/…/w…/expecting-better.pdf

FMLA government page: https://www.dol.gov/general/topic/benefits-leave/fmla

Three states in the USA (RI being one of them) provide paid leave for parental leave. RI allows you to go on Temporary Disability Insurance (TDI) for up to 30 weeks. Each situation is different and your specifics will determine how much you get and how long you can stay on TDI.

Here is the RI link to apply: http://www.dlt.ri.gov/tdi/TDIfile.htm

Your company may also have additional options for you.

Some companies provide options for employees for extended leave, through programs like AFLAC. It’s important that you know that if your company is larger than 50 employees (and a few other specific requirements), they MUST provide you up to twelve (12) weeks of unpaid leave, per year, for prenatal and pregnancy pursuant to the Family and Medical Leave Act (most commonly known as FMLA)
It’s also important that you know that there are federal and state laws that prohibit pregnancy discrimination. Your company MUST treat you just like any other employee who is unable to work because of accident or sickness

Also, sex discrimination laws prohibit employers from applying different policies to men and women. For example, if a company’s policy says they offer “maternity” leave strictly for parenting, they must give male employees the same time off as female employees.

If you feel as though you have been discriminated against, in any way, it’s best to contact a lawyer.

Next up-Wills, Powers of Attorney & Parental Guardianship