Paternal Rights and the Workplace?

[bmcneal]

I don't know if I'm posting this in the right place, so feel free to move it...

DH works for a company that breaks a lot of laws. No breaks, paying for drive-offs, they make employees cook/handle food without gloves, DH had to work 13 hours today and not a single break. : Normally, I would think this is irrelevent, but I don't think it is for this situation.

When I go into labor, can they legally *make* DH stay at work, or can he leave as long as there is someone to cover? We already know they are very unprofessional in their management and such, so it wouldn't be a suprise if they couldn't legally make him stay and they told him he had to, but I want to know, because we intend to go to the DOL when he finds a better job. I want to know in advance so I can make any accomidations. (I know the spelling is wrong, feel free to correct )

[Kitten]

Does he get paid sick time? You can use sick time to take care of any family member, not just yourself, or to take a family member to the doctor, etc.

[Otterella]

If there are enough employees, FMLA guarantees him time off for his wife having a baby. The only problem is that small businesses are exempt, so if there are fewer than I think 15 or 16 total employees, FMLA leave isn't guaranteed. I don't know of any other laws that would cover this situation, but someone else might.

Here's the FMLA law, which SHOULD be posted in a visible place in his workplace, but often isn't.

http://www.dol.gov/esa/whd/fmla/

ETA: I was wrong. It's 50 employees.

[kalirush]

The relevant legislature would be the FMLA (family medical leave act). It is unpaid leave, but it provides for paternity leave, among other things. If the FMLA applies, they're not legally supposed to be able to fire him for taking it.

Here is the official link: http://www.dol.gov/esa/whd/fmla/

You can look through it on your own.

Of course, lots of people violate the FMLA. There was a big scandal here in town because a female police officer was fired for taking leave when her baby was born. To add to it, her story only came out to the public because her police officer husband- who was working double shifts to compensate- was killed in the line of duty on one of those extra shifts.

[Cherry Alive]

"FMLA requires covered employers to provide up to 12weeks of unpaid, job-protected leave to ''eligible''employees for certain family and medical reasons.Employees are eligible if they have worked for their employer for at least one year, and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles. The FMLA permits employees to take leave on an intermittent basis or to work a reduced schedule under certain circumstances."

Here's more details on a poster he can print out and hang up at work (if he chooses):

http://www.dol.gov/esa/regs/complian...ers/fmlaen.pdf

[llamalluv]

Originally Posted by kalirush

Of course, lots of people violate the FMLA. There was a big scandal here in town because a female police officer was fired for taking leave when her baby was born. To add to it, her story only came out to the public because her police officer husband- who was working double shifts to compensate- was killed in the line of duty on one of those extra shifts.

That's an awful thing that happened - but since FMLA is unpaid, wouldn't he have been working doubles while she was home with the baby, anyway?

[Cherry Alive]

Originally Posted by llamalluv

That's an awful thing that happened - but since FMLA is unpaid, wouldn't he have been working doubles while she was home with the baby, anyway?

Sadly, probably yes. The US *sucks* at family leave.

My dh is part of a *huge* organization that has a lot of great benefits, but seriously falls short on any kind of parental leave program. On their website, they brag about providing unpaid leave up to 12 weeks, but this is absurd, because they are legally required to do it anyhow (they have thousands of employees).

We are looking to see if there's a possibility he could be covered by short-term disability. I think it might be sticky as he is not the one who's having the baby, but you never know. If not, we'll be using up his free-time (vacation, sick days, etc...) and seeing if he can work a 10-hour 4-day week when he goes back.

[Snoopypup]

Originally Posted by llamalluv

That's an awful thing that happened - but since FMLA is unpaid, wouldn't he have been working doubles while she was home with the baby, anyway?

FMLA only requires the time off, but *many* agencies, especially public agencies, will allow the person on leave to use the time they have acquired(sick, comp, annual) so that those days will be paid. It is not required but a common courtesy.

[Belle]

Originally Posted by Snoopypup

FMLA only requires the time off, but *many* agencies, especially public agencies, will allow the person on leave to use the time they have acquired(sick, comp, annual) so that those days will be paid. It is not required but a common courtesy.

No, it is required that the employers let the employees use any sick time, vacation, etc if the employee requests it for their leave.

[kalirush]

Originally Posted by llamalluv

That's an awful thing that happened - but since FMLA is unpaid, wouldn't he have been working doubles while she was home with the baby, anyway?

Sure. But she'd have had a job afterwards, instead of being fired for taking time off.

Her husband was killed some time later, not right after the baby came.

[Cherry Alive]

Originally Posted by Snoopypup

FMLA only requires the time off, but *many* agencies, especially public agencies, will allow the person on leave to use the time they have acquired(sick, comp, annual) so that those days will be paid. It is not required but a common courtesy.

From the FMLA website:

Q: Does the law guarantee paid time off?

No. The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave or, subject to certain restrictions, sick or family leave, for some or all of the FMLA leave period. When paid leave is substituted for unpaid FMLA leave, it may be counted against the 12-week FMLA leave entitlement.

http://www.dol.gov/elaws/esa/fmla/faq.asp

[bmcneal]

I was more talking about right when I go into labor. (Although thanks for the information on the FMLA.) He usually has to work 10-11 hour shifts, so there's the chance that he'll be in the middle of a shift. Are there any laws that say if he can come be with me, or if he has to continue with his shift until it's over? Because if he can't come be with me/take me to the hospital, I'm at the house all by myself with no other way to get to the hospital. I've never experienced labor before, and while I'm sure I can do it by my lonesome, I would feel a lot better if DH could be with me. (And if I didn't have to do it at home by myself.)