Am I eligible to time off to look after my girlfriend’s children while she is having our second child?

Asked on April 12, 2017 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends. If you do not have any PTO (i.e. sick days or vacation time) to cover your absence, then you may be covered under the Family and Medical Leave Act ("FMLA"). If not, then absent an employment contract or union agreement to the contrary, you have not rights to time off in this case. Bottom line, most employment is "at will" which means that a company can set the conditions of work much as it sees fit (absent some form of legally actionable discrimination). Note: Here is a link to a site that will explain more about the FMLA: https://www.dol.gov/general/topic/benefits-leave/fmla


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