What are my husband’s rights to time off when I deliver our baby?

UPDATED: Sep 30, 2022

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What are my husband’s rights to time off when I deliver our baby?

He works as a temp-to-hire, contracted employee to a business. He is technically hired by a temp agency but work for a call center. We live in mass. I am due to have a baby soon and they are telling him he can not take time off to be with me at the hospital. We are getting mixed messages about who to talk to and different laws but neither company will allow him time off. He does not want paid time, he just wants 3 days (while I’m in labor and my hospital stay). Is there any law protecting him from losing his job if he takes that time off and are they required to give him time? He works 36 hour weeks and is on a constant schedule.

Asked on November 17, 2015 under Employment Labor Law, Massachusetts


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

Answered 7 years ago | Contributor

As a general rule, in an "at will" work relationship, an emloyer can set the terms and conditions of employment much as it sees fit or deems necessary. This includes who can take time off and when. This is true unless not allowing your husband these days off violates an employment contract or union agreement. Also, his treatment cannot be based on some form if actionable discrimination or retaliation.
That having been said, my research suggests that under a ne law in MA, a businees that has 6 or more employees must allow men 8 weeks of unpaid paternity leave. At this point, you should consult directly with an employment law attorney in your area and/or contact your state's department of labor for further information.

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