My wife is due any day, this week I had a meeting with my boss to discuss my time off after the baby arrives. We have a small office located in Minnesota and there is no formal policies regarding this issue.

I proposed the following, I will be unreachable while my wife and the baby are in the hospital (most likely 2 days). Then I will work from home for a week, being available to phone calls and emails. (I'm in sales and there is not much work that needs to be done in our office, but I'm normally based there). I told him he could take off my vacation as he sees fit during this time off. I have more than enough to cover.

He stated that I could have time off when my wife was in the hospital, but I needed to be in the office beginning the next day. I told him it is important that I stay at home for a few days to transition and help my wife. He told me I need to come back to the office.

This was a personal conversation between him and I, do I have any recourse?

Thanks

Since you work for a small employer, it is assumed that you are not eligible for Family Medical Leave benefits, which would normally protect fathers looking to spend time with the baby after birth. Minnesota has a similar law, affecting employers who have 21 or more employees at one site. You can learn more about the Minnesota program at: http://www.doli.state.mn.us/fmla.html

If the office is too small to qualify under either program, you may try a different approach. Explain to your boss that your wife needs you because of her medical condition. (She, after all, has just given birth.) That may assist, especially if there is no one else at your home who can assist her.

If that doesn't work, I don't see any other options for you.

Let me know if you have any other questions.