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what rights does my husband have to get off work when i go into labor?

my husband works for a place that he can't just leave work, someone else has to be there and take his place.... so if i go into labor and no one will come in for him... does this violate his rights?! I really want him to be there, my other labors were pretty short (about 4 hours total) and I don't want him to miss it for something so stupid. also, if it came down to it he would probably just quit his job in order to be there because he wouldn't want to miss it either... and we can't afford to do that.... any help or advice? :)

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young-not-dumb

Asked by young-not-dumb at 11:27 PM on Nov. 14, 2010 in Pregnancy

Level 15 (1,959 Credits)
Answers (11)
  • I would have him ask his boss about it. I don't know if legally there is anything you can do, but I would think birth of a child would be like an emergency situation. Maybe the boss can have someone lined up once you get closer to your due date?
    Ash9724

    Answer by Ash9724 at 11:28 PM on Nov. 14, 2010

  • he do have rights and if need be he can take a leave of absent of corse with out pay or he can use vacation days so he will still make money while off i think they give the males about 4 to 6 weeks he can ask. he can take time off
    sheritasmith

    Answer by sheritasmith at 11:31 PM on Nov. 14, 2010

  • I don't think there is actually any law or anything stating men should be able to leave work for the birth of their child. But I really couldn't say. Maybe he should talk to someone he knows and works with and be straight up. Tell them when you could possibly go into labor and have this person (if they are willing) agree to come in whenever you are in the hospital. Having a plan ahead of time will help out a lot!
    ILoveCade

    Answer by ILoveCade at 11:32 PM on Nov. 14, 2010

  • IDK about that legally...but what if he gets sick at work? Can he leave then? I mean, like really sick, throwing up and stuff...they have to have some sort of emergency back up plan for those sort of situations. Can't they implement that back up plan for when you go into labor? In the mean time, just hope you go into labor when he's not at work...I'm sorry.
    MommyH2

    Answer by MommyH2 at 11:33 PM on Nov. 14, 2010

  • Exactally...talk it over with his boss so that they KNOW around when they can expect to be called in or something. I agree that its still an emergency, especially if he needs to drive you to the hospital. I dont know about his "rights" but you'd think they would be willing to work something out with him...morally speaking!
    mommy_bink

    Answer by mommy_bink at 11:34 PM on Nov. 14, 2010

  • FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
    for the birth and care of the newborn child of an employee;
    for placement with the employee of a child for adoption or foster care;
    to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
    to take medical leave when the employee is unable to work because of a serious health condition.
    Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for deter
    ecodani

    Answer by ecodani at 12:13 AM on Nov. 15, 2010

  • My husband is also at a job where he can not leave unless there is someone to cover for him. However, he worked it out with his boss months ago so that during this last month of my pregnancy there is always someone working with him that can take over for him in case I call to tell him it's time to go to the hospital. I would suggest trying to to have your DH set up a similar type of arrangement. Also, like the previous poster said, he can apply for FMLA so that when the time does come he can take off without having his job threatened. My DH has this set up as well so that once the baby is born he can take the necessary time off from work without worrying about his job security when he goes back to work. Good luck.
    pinkie8986

    Answer by pinkie8986 at 10:18 AM on Nov. 15, 2010

  • here are a few sites.. depends on what state you live in but i beleive that no one can be fired due to a medical reason of a family member and preganncy falls under disability.
    these are gov. websites
    http://www.iwpr.org/pdf/parentalleaveA131.pdf

    http://www.dol.gov/whd/fmla/index.htm
    BobbieJo286

    Answer by BobbieJo286 at 10:39 AM on Nov. 15, 2010

  • I understand completely. My hubbie is a general manager and he;s really not suppose to leave without coverage. He said that if nobody would come in, he'd just lock and leave. Only probably is he might get fired...not that he cares, his job sucks in so many ways...
    Anna-Chubaby

    Answer by Anna-Chubaby at 5:52 AM on Nov. 16, 2010

  • He should ask his boss.
    If this boss is a father or mother. then his boss might understand
    HomeAlone45

    Answer by HomeAlone45 at 12:20 PM on Nov. 16, 2010

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