Can your employer deny immediate leave to a father for birth of his child?

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Can your employer deny immediate leave to a father for birth of his child?

My husbands boss told him he can only take the day our son is born off and then he must return to work. He won’t be able to take additional days off until after their inventory. Is that legal?

Asked on August 9, 2012 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your company is large enough to be covered by the Family and Medical Leave Act (FMLA), your husband should be able to take up to 12 weeks of unpaid leave for this purpose, assuming he also qualifies.

For the employer to be covered, it must have at least 50 employees within a 75-mile radius.

For your husband to qualify, he must have worked at least 12 months for this employer and at least 1,250 hours in the last 12 months.

If both he and his employer are covered, he should be able to take FMLA leave. However, otherwise, the employer is not required to give him leave for this purpose.


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