Question:

My wife had surgery last week

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My wife was having a "C" section to deliver our baby daughter last Thursday. I told my employer that I was unavailable to work due to her surgery. I was told that I still had to come in, no matter what. My immediate supervisor told me that he had something he had planned months in advance and was not able to cover my shift. Is this legal? Isn't there some type of provision that protects me? Any outside resource information would be helpful.

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Congratulations on the new daughter!!!

This is the kind of thing the Family and Medical Leave Act (FMLA) was designed to cover.
Report (0) (0) | earlier
what jerks - check on the family leave act
Report (0) (0) | earlier
You have the right to Paternity leave much in the same fashion a women has the right to Maternity leave, except the time frame is slightly shorter.

Congratulations and good LucK!
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The Family Medical Leave Act entitles certain employees up to 12 weeks off without pay per year and any medical coverage that the employer provides must remain in effect.

The one catch to this is your company must have 50 employees or more within a 75 mile radius of the work site and the employee must have worked the minimum of 1,250 hours (about 156 work days days or about 9 months to be eligible.)

So lets say you work for a small company that has 45 employees.  Sorry,  no leave for you.   You can take vacation only.

Lets say you work for a big company with 1,000 employees but the location where you work is kind of remote and you only have 5 guys working with you.   Sorry,   no leave for you.   You can take vacation only.

Lets say the company has 75 employees all within 75 miles but you just started working for them and only have 400 hours in.  Sorry,  no leave for you.  You can take vacation only.

Bottom line,  if your boss has 50 or more employees at the place where you are working,  and you worked the required hours you get the leave.   If he refuses,  call the Department of Labor.
Report (0) (0) |   earlier
The Family Medical Leave Act should help you out.
Report (0) (0) | earlier