Family medical leave

  • llong
    Posts: 197
    #1275120

    Ok guys got a question for anyone who knows about FMLA. I have a feeling my place of employment is going to have a problem with me taking days off to go to doctor appointments with my wife who is currently 14 weeks pregnant with our first child. Does me going with to these doctor appointments fall underneath FMLA??

    This is a small business mind you, 3 workers and 2 owners. Can they deny me a day off that is needed to go with to the doctor?? Also can they try and fire me for taking time off for it???

    We live in Austin, but I drive to Rochester to work and then from there get in a work truck and drive 45min to 2.5hrs away to whatever jobsite we are on. So it does not really pay for me to drive the hour to work if we get out of the doctor appointment at 11 and have to drive an hour to roch, then 45 minutes to the jobsite, work for 2 hrs and then turn back around to be back to roch by 4.

    The reason why I ask is because I took yesterday off for an appointment and the one boss goes to me today “do you really need to go to every appointment. I mean we were not expected to go to every one of them”

    I guess I feel it is your choice if you do not want to go. But getting to hear the heart beat again yesterday for the second time was pretty cool , expecially since it was my birthday yesterday too.

    So I guess of they try to do deny me or fire me do I have any legal action I can take. Thanks for the help.

    grumpy
    Iowa, Clinton
    Posts: 489
    #1022445

    I suggest talking face to face to your state Social Services Office, make an appointment..good luck

    or employment office, you needed to fill out the paperwork prior to need..

    big_g
    Isle, MN
    Posts: 21873
    #1022447

    I am no lawyer, but I believe that employers with more than 50 employees have to abide. Also, going to routine doctor appts does not fall under FMLA. If your wife had complications, such as extreme morning sickness and was diagnosed and doctoring for it or bed ridden, then yes, you could get time off, up to 60 days per calendar year. So short and sweet, no, the time off for doc appts, does not fall under FMLA protection.

    dr._flathead
    Posts: 220
    #1022448

    My first thought is to agree with Big G…..

    Richard V.
    Somewhere over the rainbow
    Posts: 2596
    #1022449

    US Dept. of Labor

    Quote:


    Q. Can I still use FMLA leave during pregnancy or after the birth of a child?
    A. Yes. An employee’s ability to use FMLA leave during pregnancy or after the birth of a child has not changed. Under the regulations, a mother can use 12 weeks of FMLA leave for the birth of a child, for prenatal care and incapacity related to pregnancy, and for her own serious health condition following the birth of a child. A father can use FMLA leave for the birth of a child and to care for his spouse who is incapacitated (due to pregnancy or child birth).


    I don’t think you can.

    bck
    Big Stone Lake Sd
    Posts: 257
    #1022460

    I think Big G is correct. Can you use vacation time? My next thought is if they wont work with you on unpaid time off do you really want to work there period? If it were me I would start looking for another job,quietly, I found my current employer after going thru 3 bad ones: Prior to that I was self employed.

    llong
    Posts: 197
    #1022479

    I have only worked there for 4 months so no vacation. I am looking for a new job everyday. Just not my cup of tea how we get treated and if osha or got pulled over by the dot, boy they would have a hayday

    stuwest
    Elmwood, WI
    Posts: 2254
    #1022500

    7 years ago when i went thru ‘the year’, i went to every appt and i’m glad i did. I’ve been so involved with canine obstetrics for 45 years and almost all of our book knowledge comes from human extrapolation = i didn’t feel that i learned too much.
    BUT, what it meant to my wife, who, even tho she’d already had two kids, was still clueless as to what was happening (yes, i know that i’ve not personally given birth) was priceless.

    What i’d do in your position is talk with your scheduling nurse and get late day or even early evening appts. Our doctor accommodated us; very helpful even gave us a 7pm appts 2x permonth…

    blackbay
    Posts: 699
    #1022538

    As guys have said you can’t use FMLA for regular doctor visits. Once your baby is born then you can take it but, again as some have pointed out, there are stipulations according to company size. I’ve been in your shoes and went to most of my wife’s appointments with our first kid. For me it was to support my wife but i was also very interested in the whole process. It’s exciting, afterall it’s your child growing in there. I found out the regular doctor check ups are rather routine and well boring. It’s great to hear the baby’s heart beat the first time but after that the checks are quick and simple. DO NOT, under any circumstances , miss the ultrasound. That is the one appointment you need to be at. It is simply awesome to see your little one in there.

    My suggestion would be to talk to your employer and if you can keep going to the appointments then great, but if they get wound up about it tell them you are going to be there for the ultrasound come he!! or high water.

    And congratulations!

    glenn57
    cold spring mn
    Posts: 10520
    #1022555

    you have to have worked for your employer for a year to qualify for FMLA, and if your employer doesnt have 50 employees they dont fall under the fmla guidelines! BUT, if they are giving you time off to do some of these appointments, use it wisely!

    llong
    Posts: 197
    #1022562

    Thanks for the help. Will have to talk to the nurse next time to see when the latest appointments we can make are. The next one we get to find out the sex and I already told my boss I will be going to that one. Only certain times of the day they do ultrasounds here in Austin, so work will just have to make do without me there for the afternoon.

    Don Miller
    Onamia, MN
    Posts: 378
    #1022607

    If your boss knows the ropes he/she can do most anything they want. So what if you are protected by the family leave act. If it P’s them off enough to dismiss you they will find a legal reason. It sounds like your boss already gave you a heads up on how he feels about this.

    glenn57
    cold spring mn
    Posts: 10520
    #1022610

    Quote:


    If your boss knows the ropes he/she can do most anything they want. So what if you are protected by the family leave act. If it P’s them off enough to dismiss you they will find a legal reason. It sounds like your boss already gave you a heads up on how he feels about this.


    NOT: IF AN EMPLOYER OR EMployee is covered under the FMLA LAW and the employer does not abide by it, say hello to one serious legal issue!

    farmboy1
    Mantorville, MN
    Posts: 3668
    #1022658

    Quote:


    Quote:


    If your boss knows the ropes he/she can do most anything they want. So what if you are protected by the family leave act. If it P’s them off enough to dismiss you they will find a legal reason. It sounds like your boss already gave you a heads up on how he feels about this.


    NOT: IF AN EMPLOYER OR EMployee is covered under the FMLA LAW and the employer does not abide by it, say hello to one serious legal issue!


    That sounds good in theory, but most people do not have the legal means to force the issue, and it would be all he said/she said. Do what your boss wants, request unpaid leave if you want to hit a few of the appointments and be happy to bring home a paycheck. Sounds like you are only a short timer, so do what you need to do for your family.

    Having gone through it twice, I wanted to go the ultrasound, but the rest of it is very boring and a waste of time as long as there are no complications.

    rvvrrat
    The Sand Prairie
    Posts: 1832
    #1022659

    Quote:


    Having gone through it twice, I wanted to go the ultrasound, but the rest of it is very boring and a waste of time as long as there are no complications.


    Do you wanna be the guy that wasn’t there when there WERE complications discovered at the appointment?

    farmboy1
    Mantorville, MN
    Posts: 3668
    #1022661

    Quote:


    Quote:


    Having gone through it twice, I wanted to go the ultrasound, but the rest of it is very boring and a waste of time as long as there are no complications.


    Do you wanna be the guy that wasn’t there when there WERE complications discovered at the appointment?


    It was not a concern of mine and I am not going to waste my time worrying about items that I cannot control. I could go to every one of my wife and kids appointments because something could possibly maybe be a problem, or I could live life and not worry.

    Don Miller
    Onamia, MN
    Posts: 378
    #1022663

    I am suggesting if he were fired, it would not likely be for poor attendance. That may not be legal. Few terminations these days are for cause. Instead the reason stated might be he is laid off due to economic conditions. What then? Hire a lawyer out of your own pocket to argue the termination was realy due to taking the time off?

    big_g
    Isle, MN
    Posts: 21873
    #1022681

    Look at it this way…. FMLA is great, but it also cannot be allowed to bankrupt companies left and right… and being in Mgmt for the last 22 years, I have seen and pretty much heard it all. I am not saying this is your case, but I know and knew many employees over the years, who would take advantage of such a situation, to get time off work, maybe to even go fishing !!! Think about it, with 2 owners and 3 employees, if you are out of work, that is 33% of their workforce gone ? How many small business’s could take that for an extended period of time ? If they work with you, great. If they don’t, I could also understand that…

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