Legal Question in Employment Law in Pennsylvania

Fmla

I was granted FMLA to be present when my wife delivered our child but the company (AAA) is now stating that the day of false labor is not counted as FMLA and I am now in disaplinary action for attendance. Is this correct?


Asked on 1/11/08, 5:21 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Fmla

You asked about Family Medical Leave Act leave?

Your employer is wrong. Wrong, wrong, wrong, wrong, wrong. FMLA leave is very broad and if you had wanted to take a day just to tend to your wife's medical condition (pregnancy is a medical condition) then your employer must allow such leave.

There is a question as yo whether you have exhausted your traditional forms of leave, but even then they would be eligible for use for such a purpose.

If your employer insists on maintaining an adverse action then you should feel free to take action against them. Hire an attorney to enforce your rights.

Regards,

Roger

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Answered on 1/11/08, 11:14 am


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