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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5276
Experience:  Extensive experience representing employees and management
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I work for a retail chain as a store manager. I live in California.

Resolved Question:

I work for a retail chain as a store manager. I live in California. Months ago when my girlfriend was pregnant I made my District Manager aware and informed him that I would be taking six weeks off when my child was born. He said that he would take care of it and I took care of what he asked me to. The day after my baby was born, a different DM left me a message telling me I had to come back to work the next day, in which I was informed my District Manager had been terminated and they transferred my Assistant Manager. I was told that I needed to work since the store was short handed, but in October I would get 3 weeks off. Now I am being told that I will not get time off in October, but I have up to a year to take this time off. Can they make me work? This happened with the birth of my son over two years ago and they only allowed me one week off. I'm afraid they will deny me time off for this child. Can I be fired if I refuse to work for the 3 weeks they previously offered me?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

How many employees does your employer have?

Do you have a cotract or signed statement from your employer stating that you will be allowed the three weeks off in October?
Customer: replied 2 years ago.

I'm not sure how many employees, probably over 3,000.


And no, this was not put in writing.

Expert:  Joseph replied 2 years ago.
In that case, you are entitled to FMLA leave of up to 12 weeks after the birth of your child under the Family and Medical Leave Act.

You can read more about FMLA online here:

http://www.dol.gov/whd/fmla

If your employer denies the use of FMLA leave then you should file a complaint with the EEOC for discrimination against you in denying you access to FMLA leave.

You can file a charge with the EEOC using the instructions available online here:

http://www.eeoc.gov/employees/charge.cfm
/
Customer: replied 2 years ago.
I'm wondering if I can take the time off now or do I have to wait until they "allow" me the time off.
Expert:  Joseph replied 2 years ago.
If you are on planning on using FMLA leave, then you need to apply for FMLA leave prior to taking the time off, so you should wait until they 'allow' you to take the time off to take it.
Joseph, Lawyer
Satisfied Customers: 5276
Experience: Extensive experience representing employees and management
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Joseph
Joseph
Attorney at Law
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Extensive experience representing employees and management