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

UPDATED: Aug 9, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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