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Paternity LEave Fl Florida

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  • Paternity LEave Fl Florida

    Hi my wife and i work for a big shipping company and shes due to have a baby in june . she hasnt worked there a year but has completed her probation period. she wanting to take paternity leave when she has the baby and recover etc... people at the company says they make you quit(which she dosent want to ) and tell you after your able to return to work put in a application and they will review your application etc... because she hasnt been there a year to qualify for the leave!!! so i suppose she i supposed to spit the kid out get stitched up and back to work next day ... could you please advise on how to go about this or if there is anything we can do about it . others have been done this way maybe im wrong but i dont see how they could do it
    Last edited by Creeper0118; 03-13-2009, 08:19 PM.

  • #2
    Paternity leave is for the father. Maternity leave is for the mother.

    If your wife has worked there for less than a year at the time she needs to take leave, her job is not protected by FMLA. You said it was a "big" company, so I'm assuming they have more than 15 employees, which means they are covered by the Pregnancy Discrimination Act, which means they're required to treat her the same as they would any similarly situated employee who was temporarily disabled for another reason (surgery, or a broken leg.) There's nothing illegal about firing her and making her reapply when she's medically cleared to work, as long as that's what they do for equivalent employees with non-pregnancy medical issues.

    She is most certainly not supposed to spit the kid out and go back to work the next day. Her #1 job is to take care of your new baby and herself. Work can wait until she's recovered. If this job is not available to her when she's ready to go back to work, she can apply for unemployment until she finds other work.

    Plenty of people have to take medical leave while their jobs are still legally unprotected, and find their jobs waiting for them when they're ready to go back to work (I did!) Just because they're not legally required to have a job available for her when she's ready to come back doesn't mean they won't. Companies don't get rid of good workers on a whim just because they can. You're getting excited over something you don't know will happen yet. Calm down and try to enjoy the arrival of your new child.

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    • #3
      Do "you" qualify for FMLA (to take unpaid job protected leave to care for your new born child if you so desire)?

      Have you worked for your employer for at least 12 months?

      Have you worked at least 1250 hrs. for your employer in the 12 mos. immediately preceding the leave?

      Do you work at a location with 50 or more employees within a 75 mile radius?
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Time put in

        she has only been there since around september 08 so i dont think she qualifys for any of the fmla . yes theres more than 50 employees

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        • #5
          But what about you? Not her, you.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            ive been there for 3 years at end of april

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            • #7
              If all the questions can be answered yes in post #3 regarding YOU (seems probably so), YOU are entitled to take unpaid job protected FMLA leave to care for your new born child. (FMLA is up to 12 weeks of unpd. job protected leave)
              Last edited by Betty3; 03-14-2009, 04:04 PM.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment

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