Fmla

[oxyjock]

What is the name of your state? North Carolina.
My wife is soon to deliver our 3rd child. I filled out my FMLA paperwork and turned it in to my dept. manager. I work a schedule of 7 days on and 7 days off. I wanted to take 3 weeks off with my wife after she gives birth. Since in my schedule I only work really every other week and they are looking at inducing my wife in the beginning of my off-week, my benefits manager wrote me in for FMLA for my work week (one week). My department manager has notified me that he will only allow me off on my regular off week and that is all (because we are short handed). If she does happen to deliver on my work week then he says I may have it off but then I must make up the work on my next off week. But I am allowed to take vacation time for the week I miss. Is this legal?

 

[Beth3]

"Is this legal?" No. You are entitled to up to 12 weeks of FMLA parental leave in the 12 months following the birth of your child. However - under the FMLA the employer may require you to substitute any accrued paid vacation time (or other paid personal leave time the employer offers) for any part of the 12-week period. So while the company can require you to use vacation time, they STILL have to give you up to 12 weeks off. Nor may they dictate what weeks you take.

Most managers aren't up to snuff on employment law issues. Let's assume your manager just doesn't understand what the FMLA obigates him to do, rather than that he's purposefully trying to restrict your rights. I suggest you talk to the benefits or HR manager and let them straighten this out for you.

 

[oxyjock]

when I filled out my paperwork they only put it in as one week. it would be just one week because the other 2 weeks are my normal off weeks. but , he seems to think ,or trying to make me think ,since I just put in for one week that is all I can get. If I push the subject then he won't fire me but he is the kind that would make it heck to work there. It is a hospital by the way. we are working short handed right now because he fired an employee who lived 50 miles away and would not drive thru an ice/snow storm to come to work. we have been told that NC is a right to work state so that meant they can fire us anytime they want.

 

[cbg]

While it is true that North Carolina is a right-to-work state, all that means is that you cannot be forced to join a union in order to get work. What they, or you, mean is that North Carolina (like every other state except Montana) is an at-will state, which means that you can quit, with or without notice, for any reason whatsoever, and they can fire you, with or without notice, for any reason that does not violate the law.

Firing you because you asked for or took FMLA leave WOULD violate the law.