I have a friend in another company who was hired as a payroll manager.

Employee has been with the company for over one year and works approximately 45 hours per week.

Employee has been continuously asking their boss for a backup because without one they are unable to attend training or take personal time off which they are entitled to.

A month ago the employee asked their manager for time off in April due to the birth of a child. The boss told them it wasn't his problem for time off or a backup because payroll was going to report to a different department in two months time. Recommended having that boss deal with the situation of time off an backups.

Employee then approached HR regarding time off due to birth of a child and requested information in writing. Employee called HR and confirmed that the email requesting time off due to birth of child was received. It has been two weeks since the request to HR and HR has only responded that they are looking into the situation.

I'm on the payroll side of things, but it appears to me that both the direct manager and HR have violated the employee's rights under FMLA. Do you agree that this is true, and what course of action would you recommend?

I'm not sure how you think the employee's rights have been violated. April is a long way off at this point, and she hasn't been denied any time off at this point. Given that she isn't in imminent danger of giving birth, two weeks to respond isn't that long.

There's no law requiring the employer to train or hire backup for her, there's no law requiring the employer to give her time for training, and there's no law requiring the employer to give her personal time off. It may not be good business to not have backup for the payroll person, but it's not illegal.

If your question is in regard to not being able to take time off for appointments, if she needs appointments for pre-natal care, she needs to bring in a doctor's note documenting such.

I just love when employees contact me the moment the stick turns pink and want me to predict what is going to happen 9 months from now. Tell her to sit tight. The department is apparently going through some changes right now and those needs are bound to take precedence over something that isn't even going to happen for another 6 months. It is great that she wants to be prepared and is excited in all but realize that the business just isn't in a position to answer her at this moment.

If she qualifies for FMLA she can take 12 weeks off for the baby and related medical issues. I'm not sure what else she wants to know at this particular moment but no rights have been violated.

slight thread hijack

Are you the PRJeff that posts on the paycheckcity board?

I'm PattyPA over there.

PattyPa - Yes, I'm the same PR Jeff.

To the others who responded, thank you very much for the opinions.

Nice to see another payroll person here. Welcome, PRJeff. :)