Wife’s pregnancy complications warrant granting FMLA leave

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in FMLA Guidelines,HR Management,Human Resources

Some employers mistakenly believe that fathers aren’t allowed to take time off before their child is born to deal with prenatal complications.

Recent case: De-Undre Atkins’ pregnant wife called begging him to come to the emergency room because she was having complications. He told his supervisor about the situation and left.

When he returned to work, he brought a doctor’s note and called HR to explain his wife’s condition. Later that day, she again had to return to the ER, and he told his boss he had to leave.

He was then fired for leaving work. He sued, alleging that the FMLA covered the time off. The employer argued that Atkins’ wife didn’t have a serious health condition.

The court disagreed and ordered a trial. (Atkins v. Wayne-Dalton, No. 3:09-CV-561, ND FL, 2010)

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