Praternity Leave Question...Please help

[Swillx]

Hi, I'm living in Ohio, I'm a male and my wife is 37 weeks pregnant.

I've been working through a temp agency for about 2 years now full time. I was originally going to get hired in after 3 months but a hiring freeze was put in place so I've been stuck a temp. The company employees well over 500 people here in my town. I have a sneaking suspicion they may not be happy with me taking the time off I want....even though there really isn't anything going on that needs done or is of much importance at the moment.

So here is my question..I'm planning on taking 3-4 weeks off when the baby is born, what rights do I have to that time off? Do I have any rights at all being a temp? I'm worried they'll use this as an excuse to get rid of me and I'll have no rights because I'm still a temp.

 

[pattytx]

Talk to your placement representative about FMLA. How much time are you talking about? And all at once?

http://www.dol.gov/whd/regs/compliance/1421.htm#2d

 

[Swillx]

3-4 weeks all at once.

I looked at the link you provided, but not really sure that's what I looking into. As far as I know legally a man has the same rights to time off that a woman does(if its his baby). I'm just not sure if that applies to me being a temp even considering I've worked here so long.

 

[Zigner]

The man is a temp. He doesn't work FOR the company that he works AT. He won't be fired from the temp agency, nor will he be "fired" from the place he works AT. The place he works AT will simply tell the agency that they don't want him there. They don't need a reason.

 

[ecmst12]

But will the temp agency be required to return him to an equivalent position when he returns from leave?

 

[Zigner]

But will the temp agency be required to return him to an equivalent position when he returns from leave?

It's really irrelevant, since an "equivalent" position would be that of a temporary worker getting assignments from a temp agency at whatever rate that assignment offered.

 

[pattytx]

3-4 weeks all at once.

I looked at the link you provided, but not really sure that's what I looking into. As far as I know legally a man has the same rights to time off that a woman does(if its his baby). I'm just not sure if that applies to me being a temp even considering I've worked here so long.

No, that's exactly what you're looking for. The woman actually HAS the child. That makes it different. YOU are not going through the medical process. It's bonding leave under the FMLA and that's it.

 

[Swillx]

No, that's exactly what you're looking for. The woman actually HAS the child. That makes it different. YOU are not going through the medical process. It's bonding leave under the FMLA and that's it.

Your wrong, I do know without a doubt that it applies to both the male and female. Men get the same leave by law. It used to be only the women...the law has since been changed to include the male.

The temp agency part is the only stumbling block here, and it looks like I could get screwed because of it based on the other posters.

 

[Swillx]

It's really irrelevant, since an "equivalent" position would be that of a temporary worker getting assignments from a temp agency at whatever rate that assignment offered.

So basically what your telling me is because I'm a temp they could get rid of me, but the temp agency could not...however all they are required to do is try and find me something different? Which is what they'd do if I walked in off the street anyways. Correct?

Btw, ty for your time and help.

 

[pattytx]

Well, if you're going to tell me I'm wrong, I'll let someone else respond to your follow-up questions.

 

[Swillx]

Its true...no offense really.

Paternity Leave and FMLA - Lawyers.com

Says this many many places.

 

[cbg]

IF you qualify for FMLA, which has not yet been definitely established, you qualify for baby-bonding time, just as the wife does. You are NOT entitled to disability time or pay since you are not disabled (she is).

You are an employee of the agency, not of the client company. Your entitlements will depend on the agency logistics, not of the client company. You do not work for the client company.

The client company is not your employer. The client company does not have to have you back if they are dissatisfied with your taking time off. The agency, not the client company, has the legal responsibility.

I'm sorry you do not like the correct answer but what Patty told you is correct nonetheless.

 

[Swillx]

Unpaid Leave

The Family and Medical Leave Act (FMLA) is a federal law that grants new parents the right to take up to 12 weeks of unpaid leave during any 12-month period to care for:

* A newborn child
* A newly adopted child
* A new foster child
* A child suffering from a serious health condition

Fathers are eligible for unpaid leave under the FMLA if:

* The father works for a local, state or federal government agency (with some exceptions), or a private company that employs more than 50 employees within a 75-mile radius of the father's workplace
* The father has worked for his employer for at least 12 months
* The father has worked at least 1,250 hours during the 12 months during the previous year

Paternity Leave and FMLA - Lawyers.com
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I do meet the requirements for up to 12 weeks unpaid leave quoted here. I understood it was possibly different because I was a temp which is why I asked. I really don't see how what I just posted is the same as what patty posted.

 

[cbg]

Where did Patty say that you were not entitled to the time, may I ask?

 

[commentator]

Your employer is the temp agency. If you are still working for them at the time of the baby's birth, and IF you have been with the temp agency long enough to qualify for FMLA, you'll be entitled to FMLA through your employer, the temp agency.

If the company where you have been working on site says for them to send someone else in your place, since you can't work for a while, that'll be what they do. You have no connection with the HR dept of the company. You are a temp. Your HR issues are through your agency. You have no right to be reinstated at the worksite assignment because you're on FMLA with the temp agency. They just have to put you back to work when you are finished with your leave. Somewhere.