Paternity Leave Discrimination

[cpl5813]

My wife is about to born a baby a month from now and I am requesting to take one week paternity leave. I feel that my manager is threatening me that it would affect the prospect of me as he has plan to release a software to production. The following is the email communication:

Response from manager
>I am concerned about the prospect of you being OOO during client release's first week.

Email Request from me
> I would like to remind you that my wife's due date is end of July and I have plan to take the one week paternity leave. Do you see any impact on the schedule and the need to transfer knownledge?

My question is:
1.) I am already discriminated and can fill a complaint?
2.) He didn't give me a "yes" or "no" response to my paternity leave request. Does he has any ground to reject my request or ask me to delay the leave?

FYI, I fulfill all the FMLA requirements to take paternity leave.

 

[cbg]

No, you have not already been discriminated against and there is nothing to file a complaint about. Not yet. Expressing concern is not prohibited.

When and if your request is denied, that will be soon enough to worry about any legal action.

In the meantime, some ways to protect yourself:

1.) Be proactive about your employer's concerns. Discuss with him how things will be handled in your absence so that he has concrete examples of how the work will get done while you are gone

2.) Get the recommended forms off the internet for FMLA request, get your wife's doctor to complete his portion, and submit them, soonest, to HR or whomever is responsible for granting leaves.