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appointments Ca. Father's rights California

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  • appointments Ca. Father's rights California

    I am having a new baby and was am still trying to get an answer on this question. When I went to the internets for an answer my old post from 2010 came up! I am still looking for a clear answer. I live 50 miles from work and 65 from my doctor and my wife is unable to drive and 9 months pregnant. I need to take her to the doctor to make final arrangments and scheduling for the c-section and such and my work is giving me a difficult time. I put in for 6 weeks when the baby is born and was taken into my managers office and spoken to about this. I was told that back in his day he only missed a day or two and for some of his kids he didnt take any time, and he said he might be old fashion but did not agree with me taking off the time. Now, when I try to take a day off they will only agree to a half day, leaving my rushing around and driving 250mi in a day in traffic hoping to make the doctor in time. This is stressful for me and my pregnant wife. I have PTO available which they continue to deny. Under FMLA am I entitled to the day off to take my wife to the doctor and am I entitled to 6 weeks for bonding and to care for my wife?

  • #2
    Wow. Yelling at unpaid volunteers for not answering you immediately! How rude!

    If you want an immediate answer, pay an attorney.


    • #3
      You seem to have misinterpeted my post, or I wasn't clear. I was just suprised to see my old post pop up from my last child when I did a search. I was just hoping for advise, not yelling at anyone, just looking for someone kind with the knowledge to assist, and nowhere did I demand an immediate response.


      • #4
        As long as your employer falls under the FMLA laws (more than 50 employees in a 75 mile radius) and you have worked at least 1250 hours in the past year, yes you should have the 6 weeks bonding time (and really up to 12) available and protected. Your immediate boss pulling you in and giving you a lecture could be considered as possibly intimidation to NOT use that time, which is illegal.

        Directly from the DOL:
        "Q. Can I still use FMLA leave during pregnancy or after the birth of a child?

        A. Yes. An employee’s ability to use FMLA leave during pregnancy or after the birth of a child has not changed. Under the regulations, a mother can use 12 weeks of FMLA leave for the birth of a child, for prenatal care and incapacity related to pregnancy, and for her own serious health condition following the birth of a child. A father can use FMLA leave for the birth of a child and to care for his spouse who is incapacitated (due to pregnancy or child birth).

        The question which none of us will probably be able to answer is whether your spouse is "incapacitated".

        I would suggest you read through the FAQs at this link:

        One last quote/link: "A “serious health condition” under the FMLA includes medical incapacity due to pregnancy or for prenatal care. Pregnancy itself, however, without incapacity or complications, is not a “serious health condition.” The mother can use FMLA leave for prenatal care and any incapacity relating to pregnancy, as well as for childbirth and any serious health condition following childbirth. The father can use FMLA leave for birth of the child and to care for his pregnant spouse if she is incapacitated.

        Additionally, the FMLA allows parents to take time-off simply to bond with their newborn or newly adopted or foster child. Neither the mother nor the baby needs to have a serious health condition or other illness in order for the parents to be eligible for baby-bonding leave under the FMLA


        • #5
          Since you added your question to your thread from 2010, I'm going to start a new current thread.
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