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Need help soon. Number of Hours worked in one week-Need help Massachusetts

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  • Need help soon. Number of Hours worked in one week-Need help Massachusetts

    My daughter is due within days for birth of second child. She has a 2 1/2 year old as well. Her husband has worked over 90 hours since Monday, is working a long day today and has been told that he has to work a long day again tomorrow. His company moved up a move two weeks and they do not care that his wife is about to deliver. He has to do it or jeopardize his job which he cannot lose because he is the breadwinner. He is exhausted, unraveling and if the baby comes he does not know what to do.

    Is there any law against this? He is the only person who knows how to do what he does and they know that. Today, in addition to all of this, he was well on his way to being set up before Monday as required and they sprung on him that they are merging with another company effective Monday and he now has to merge their systems together, without any prior knowledge of the merger, what the other company does, absolutely no instruction or advance notice.

    What can he do and not lose his job in the process. He loves this job and cannot afford to lose it but needs to be with his wife at the same time.

  • #2
    There is no law in MA limiting the number of hours an employee can be required to work in a week.

    Does he qualify for FMLA?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Yes, FMLA applies but his employer made it clear that they have a strict company policy that noone can take any time off the Month of December and if he pushs it be taking FMLA he will not be allowed to use earned PTO to cover the unpaid time, which he cannot afford, and that he will not be looked upon in good light.

      For the birth itself there is a MA law that gives an employee 24 hours unpaid time for a life changing event and birth of a child is listed. His employer knows that but will not be happy with him if he tries to use it.

      He loves the job and can't afford to lose it and they know it. Is there anything he can do without losing his job?

      Comment


      • #4
        He can't be retaliated against for using FMLA. If he is, there is recourse that can be taken.

        Also see http://www.laborlawtalk.com/showthread.php?t=238357.

        However, parents can take leave on an "intermittent schedule" for the arrival of a new child only if the employer agrees.
        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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        • #5
          Thanks. It is appreciated.

          Comment


          • #6
            You're certainly welcome.
            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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