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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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My boyfriend is a manager of a coffee shop. Our daughter was

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My boyfriend is a manager of a coffee shop. Our daughter was born Sept 10, 2012. He has been asking for his paid family leave (six weeks) since the birth of our daughter, but unfortunately every time he scheduled time off something would happen, (for example a shift supervisor would not show up) and he had to cancel his time off. Now he has 5 weeks left for his 12 month period to take his time off. He had scheduled his time off to start July 31 to get six weeks off, but yet another incident happened, a death of a family member of his assistant manager, so now he had to cancel. He was told by his District Manager and Human Resource rep that he must keep working until the assistant comes back and the emergency incident at his store are fixed, which could take a week, maybe two. This would leave him 3, maybe 4 weeks, of the six weeks he's supposed to be given. Is there anything we can do legally about this to make them give him his time off now? Who can we complain to since HR seems to also allow this to happen?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your boyfriend's difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Is there some reason the employer cannot bring in a temporary worker to replace the assistant manager who is out on funeral leave?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.


They gave no reason, They may not find a supervisor in such short notice.

I see. Thank you for providing this information.

Since your boyfriend is eligible for FMLA leave and has scheduled to take it, providing the employer with notice, the employer is typically obligated to hire a temporary worker or make other arrangements to cover your boyfriend's position in order to facilitate such leave. They do not have the authority to tell him he cannot and they cannot retaliate against him for taking his leave.

A complaint can be lodged against the employer with the federal DOL, who has the authority to investigate the situation and aid in enforcing the FMLA. Or, if your boyfriend is looking for faster results, he may wish to retain a local employment law attorney to inform the employer of his rights and ensure the employer does not retaliate for his taking FMLA leave.

Here is a link to the DOL's website to file a complaint if he chooses to pursue that option:

http://www.dol.gov/compliance/laws/comp-fmla.htm


I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

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Tina

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