Paternity leave rights?

Question

My friend at work has asked for two weeks off from work without pay from work. He's having his first child and so is his girlfriend. He wants to be there for her to help her through the situation. But the job we work told him no... he's not allowed to have any days off at work. We both work for the same retail store. But the two weeks he wants off is 12/10/08-12/21/08 the days that she's expected to give birth. Everyone who works retail knows you are not allowed time off during november or december for any reason, but he is really committed to his girlfriend and future child. He's the only one in the area that can take her to the hospiital. If he was at work it would take him 45mins to go home and take her to the hospital and he said he doesn't wanna take that 45mins. He wants to be safe and know that as soon as she feels like she's gonna give birth. What should be done to help him? And he lives in california if that makes a difference. They told him if he leaves each day will count against him and if he calls out all those days he could be fired.

Answer 1

I don't think that's right, I know it isn't in MN. He can contact his local legal aid by calling 211 from any phone and asking for his local legal aid department. 211 is the number to the United Way, they often have lots of options to help people who are unsure of where to turn. If he explains his situation to them, they may have other local numbers he can call to learn just what his employment rights are and how he can make sure his rights are enforced.

Answer 2

California is actually supposed to be pretty progressive with maternity leave.  

It depends on the size of his company.  They have to give him twelve weeks off if they fall under these categories:

    * it applies only to workplaces of 50 or more employees

    * it has a number of restrictions on its use, and,

    * most importantly, provides only for unpaid leave, meaning many families can not afford the lost income in taking advantage of the program.

It also depends on the number of hours he worked the past year.  My second link below gives some detail.  

  

Answer 3

I just went through this.My wife just gave birth to our daughter and i took 6 weeks of non paid FMLA.The law requires your employer to grant you FMLA for child birth without terminating you.The only loop hole is it has to be requested 30 days before you take your FMLA......

Answer 4

Well, I was going to tell it that they are supposed to, however, I am not sure are you guys arent covered by a Union.  I think by law, they cant fire him, however, I dont think they are under any obligation to give him pay.   Check online to see the labor laws within your country/state/city.    

Answer 5

i'm pretty sure fmla covers dads too.

6wks unpaid for birth of a child.

they don't have to hols his position for him, but they have to hold A position for him.  federal law.