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Days off for childbirth - FMLA

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  • Days off for childbirth - FMLA

    So, it just so happens that my wife has a scheduled C-section for the 10th of June. I don't have a year with CP Rail until the 28th of June. FMLA cannot be granted until you have a year with the company, thus putting me in the position of not having the ability to take FMLA for the birth of my child and for caring for my wife after what is considered major surgery. I have asked for some time off during the SCHEDULED surgery and have been told to REQUEST my 2 personal days. This seems a bit heartless and uncaring to me. My wife will be cut completely open and will be unable to do much of anything for at least a week and be unable to drive for up to 6 weeks. But CP is telling me I MIGHT get 2 days off.

    My question is this: is there some legal ramifications to a company not allowing an employee the necessary time off for a surgery/childbirth where FMLA cannot yet be authorized. Also, there is no guarantee that even my personal days will be approved. What do I do then? If I mark off sick I can be brought into investigation for marking off under false pretense. Which they have done before. How do I pursue this?


  • #2
    Dear MM -

    Unless (1) there is a contract with terms to the contrary or (2) your union has negotiated this issue to the contrary, employment in the USA is "employment-at-will" meaning at the will of the employer.

    Absent minimum wage federal/state laws, there would not be a minimum wage. The answer to your question is [subject to the disclaimer that I am not an employment or FMLA specialist] there is no legal requirement to let you have time off and there are no legal ramifications to them for their heartless failure to do so.

    Steve Gordon
    Gordon, Elias & Seely, L.L.P.
    FELA Lawyer
    FELA Lawyer Blog
    Serving Injured Railroad Employees Nationwide
    Call for a FELA Lawyer 24/7/365


    • #3

      Thank you, I greatly appreciate you help. I was afraid that what you told me was the case. I will get with my LC and double check about agreement and the such. It is truely a sad state of affairs that a company would not allow an employee off during the birth of a child/major surgery for a spouse. I truely believe there is a special place in hell for people like this. Yet another reason I am no longer in RR management.

      Thanks again