Legal Question in Medical Leave in Minnesota
husbands right to paternity leave
my husband has worked for a company for 8yrs. I am pregnant and due in July 2007. he had wanted 1 week off with me and the baby after I delivery. His employer told him he could have maybe the day after off but not a week. I know he meets all the requirements needed for the fmla. Is his employer right or can we fight this?
1 Answer from Attorneys
Re: husbands right to paternity leave
Your husband may meet all of the requirements, but is his employer covered by the FMLA? Generally, if an employer has 50 or more employees working with a 75 mile radius of where the employee works, then the employer is covered by the FMLA. If your husband's employer meets this criteria, he is likely entitled to FMLA leave.
For more information about FMLA leave you can visit my website, www.memphisemploymentlawyer.net and click on the link to 'Illegal Employment Practices' or visit the Department of Labor website, www.dol.gov. If you need further assistance with this matter, you can email me at [email protected] or look for a local attorney who handles primarily labor and employment matters. A good source for locating a local attorney is the National Employment Lawyers Association, www.nela.org.