What are an employee’s rights to a day off?

UPDATED: Oct 19, 2012

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What are an employee’s rights to a day off?

My husband and I manage a motel and we haven’t had a day off between the two of us sense we started about 6 months ago. I am expecting our first child and our boss won’t send a replacement over for when I go into labor. He says that my husband can just do it. Isn’t there something leagally that gives us the right to have a day or even a few hours off so that he can be there for the birth?

Asked on October 19, 2012 under Employment Labor Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your husband should be able to take unpaid leave under the Family and Medical Leave Act (FMLA) for the birth of your child; below I have included a link to that law so you can see your rights and how to exercise them. That said, perhaps you might want to explore whether or not you and your husband can hire someone to help out on a temporary basis and, if necessary, pay him/her out of your own pockets--that might be, long term, a better option than fighting with your employer about his.

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