What are my rights to get out of work-related class if it’s scheduled on my pregnant wife’s due date?

My boss is the owner of a golf school and we just had training. In training he made me do pushups for overusing the word OK in a sentence. He also made us train for a couple days straight for 12 hours a day without a break. After work he made us do a dancing class, a crossfit class and a kickboxing class. We didn’t get to eat dinner until we got home. He also swore at me and belittled me in front of my co-workers. When I was hired my wife was pregnant and I told him the due date. He has been reminded several times since but scheduled a class on her due date. I reminded him again and he told me that she better not have the baby because I have to teach a class that day and the days after.

Asked on November 29, 2015 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You don't have a right to get out of the class unless:
1) Your employer is covered by FMLA; you are eligile for FMLA; and you use unpaid FMLA leave for the day. Your employer would have to have at least 50 employees located within a 75-mile radius, you must have worked there a year, and you must have worked at 1,250 hours in the last 12 months.
OR
2) You have applicable paid leave time (like personal days which you can sue for any purpose) and comply with company policy for using them.
That's it; your employer is not otherwise required to give you time off for your wife's due date.


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