Paternity Leave & Project Taken Away

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tiffanya

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My husband and I had a baby one week ago. His company policy provides him a 2-week paid paternity leave.

A week before that, my husband was given a new project at work. He was made a Team Lead of an important Task Force and was told he could only take 1 week of leave. He was upset about this and expressed concerned to his manager, but they said they really needed him for this "high visibility" project and could not spare him for 2 weeks. He was told he could take days here and there to make up the 2nd week at other times when there weren't deadlines or meetings (ie. to take me or baby to doctor, etc.)

When I went into labor last week, he called and left a voicemail for his manager that I was in labor and he would update him later as to the status. He told his manager he had an extremely important morning meeting that he could not attend and asked the manager to alert everyone to his situation. Apparently the manager did not do so until hours after the meeting. During the meeting, a higher-level manager was livid because my husband was not there and neither were his two managers!!

That afternoon, my husband again left a voicemail for his manager stating that I was still in labor and not to expect to see him. After I delievered that evening, my husband immediately called his manager's home cell phone and told him we'd finally delievered. His manager said congratulations and then asked if he'd be in tomorrow. My husband said "Uhh... no. I won't be back until next week." The manager acted upset over this and then asked him to schedule meetings for everyone!!!!

My husband worked from his laptop at home all week between midnight feedings so that his management would be happy. He spent hours putting together processes, etc. and sent emails at all hours.

He went back to work today and was told that since he missed 2 meetings, he was taken off of the Team Lead position and demoted to "scribe." He told his manager that he was very upset and embarassed by this, and was told it was decided yesterday and nothing could be done about it now. My husband also informed his manager that we had incurred daycare costs now because he had to "rush" back to work and our 3-year-old had to be watched. His manager then offered to let him go home. My husband decided to stay and work but informed his manager that he would be taking the rest of his paternity leave (probably next week.)

I am very upset over this. We had a baby!!!! Is it okay that his employer did this to him, when their policy clearly states that he can take 2 weeks off for leave??? And he went ABOVE AND BEYOND by working from home and agreeing to only take 1 week!

Should I alert his human resources department? He is afraid of retaliation and doesn't want to stir the pot in these economic times... but I am very concerned that he was discriminated against for taking time to help me and bond with his new child. This project was a very important step for his career and could have had a wonderful outcome for him and now it has been yanked away because he took 5 business days off for the birth of a child!

Is there any action we can take?

Thank you.
 
My husband and I had a baby one week ago. His company policy provides him a 2-week paid paternity leave.

A week before that, my husband was given a new project at work. He was made a Team Lead of an important Task Force and was told he could only take 1 week of leave. He was upset about this and expressed concerned to his manager, but they said they really needed him for this "high visibility" project and could not spare him for 2 weeks. He was told he could take days here and there to make up the 2nd week at other times when there weren't deadlines or meetings (ie. to take me or baby to doctor, etc.)

When I went into labor last week, he called and left a voicemail for his manager that I was in labor and he would update him later as to the status. He told his manager he had an extremely important morning meeting that he could not attend and asked the manager to alert everyone to his situation. Apparently the manager did not do so until hours after the meeting. During the meeting, a higher-level manager was livid because my husband was not there and neither were his two managers!!

That afternoon, my husband again left a voicemail for his manager stating that I was still in labor and not to expect to see him. After I delievered that evening, my husband immediately called his manager's home cell phone and told him we'd finally delievered. His manager said congratulations and then asked if he'd be in tomorrow. My husband said "Uhh... no. I won't be back until next week." The manager acted upset over this and then asked him to schedule meetings for everyone!!!!

My husband worked from his laptop at home all week between midnight feedings so that his management would be happy. He spent hours putting together processes, etc. and sent emails at all hours.

He went back to work today and was told that since he missed 2 meetings, he was taken off of the Team Lead position and demoted to "scribe." He told his manager that he was very upset and embarassed by this, and was told it was decided yesterday and nothing could be done about it now. My husband also informed his manager that we had incurred daycare costs now because he had to "rush" back to work and our 3-year-old had to be watched. His manager then offered to let him go home. My husband decided to stay and work but informed his manager that he would be taking the rest of his paternity leave (probably next week.)

I am very upset over this. We had a baby!!!! Is it okay that his employer did this to him, when their policy clearly states that he can take 2 weeks off for leave??? And he went ABOVE AND BEYOND by working from home and agreeing to only take 1 week!

Should I alert his human resources department? He is afraid of retaliation and doesn't want to stir the pot in these economic times... but I am very concerned that he was discriminated against for taking time to help me and bond with his new child. This project was a very important step for his career and could have had a wonderful outcome for him and now it has been yanked away because he took 5 business days off for the birth of a child!

Is there any action we can take?

Thank you.

You shouldn't do a darn thing. You need to practice the fine art of MYOB and if your husband does not want to stir the pot, then you should definitely stay away from the stove.
 
Employment is not a right, it is an at will situation. His actions cost him the promotion, your continued involvement will cost him his job. Do you understand the ramifications and import of joblessness in this economy? Let him follow the advice of his superiors on the job, not yours. You were very selfish, and it might cost your family dearly!

We don't have a job, he does. You should do nothing but support and encourage him, if you and those babies like to eat and enjoy living in a nice home. Otherwise, it should be obvious what your 'help' has wrought.

Sent from my iPhone using Tapatalk
 
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One caveat to the above post. INTERMITTANT FMLA for baby bonding leave is at the discretion of the employer.

However, FMLA is not available for child care purposes. You don't get to take FMLA protected time because you need a babysitter.
 
I didn't contact anyone. After posting this, I gave it much thought and realized that I was happy they took the promotion away, because it means less hours and stress for him.

And this is NOT a question of FMLA. This was a completely different benefit his employer offered to EVERYONE and is in his company policy as a paid 2 week leave. It nowhere states "at manager's discretion" in the employee handbook. The FMLA would be something that he could take after using this 2 weeks, and that would be unpaid.

I was in no way being selfish. While I did need him at home, I was mainly defending his rights, as per the company policy. I am happy he went back to work, because I'm getting into a better rhythm with the kids now. But it was more about the principal of it all. What they did was wrong.
 
I didn't contact anyone. After posting this, I gave it much thought and realized that I was happy they took the promotion away, because it means less hours and stress for him.

And this is NOT a question of FMLA. This was a completely different benefit his employer offered to EVERYONE and is in his company policy as a paid 2 week leave. It nowhere states "at manager's discretion" in the employee handbook. The FMLA would be something that he could take after using this 2 weeks, and that would be unpaid.

I was in no way being selfish. While I did need him at home, I was mainly defending his rights, as per the company policy. I am happy he went back to work, because I'm getting into a better rhythm with the kids now. But it was more about the principal of it all. What they did was wrong.

Plenty of poor advice being dispensed here. Your husband WAS discriminated against and you should have filed a complaint. I'm appalled at some of the comments made by alleged legal 'professionals'.

Your husband was punished for the perception of him not being a team player by invoking a benefit granted to him by the company. That false perception may continue to haunt his career with the company and may, in fact, lead to additional retaliation down the road.

In the future, readers here and elsewhere should consult with an employment attorney rather than hope that an unqualified lawyer dispensing free advice in a subject out of his area of expertise has a clue.
 
Tidize, thank you so much for your informed answer. It is 17 months later now and his group has been reorganized, after his manager left the company a few months ago. As it turns out, two months after they took the promotion away, they gave it back because his replacement was not experienced enough and parties involved actually requested my husband. After that, he was also given another high-visibilty project and received kudos from his 3rd level management. He just got the highest raise in the entire group last week!

By the way, are you experienced in law regarding condominiums and their responsibilities to maintain owner safety? I have another question for you that I could send privately. Our roof collapsed and there was negligence involved...

Thanks much!
 
Plenty of poor advice being dispensed here. Your husband WAS discriminated against and you should have filed a complaint. I'm appalled at some of the comments made by alleged legal 'professionals'.

Your husband was punished for the perception of him not being a team player by invoking a benefit granted to him by the company. That false perception may continue to haunt his career with the company and may, in fact, lead to additional retaliation down the road.

In the future, readers here and elsewhere should consult with an employment attorney rather than hope that an unqualified lawyer dispensing free advice in a subject out of his area of expertise has a clue.

Under which protected characteristic did the company discriminate?
 
Tidize, thank you so much for your informed answer. It is 17 months later now and his group has been reorganized, after his manager left the company a few months ago. As it turns out, two months after they took the promotion away, they gave it back because his replacement was not experienced enough and parties involved actually requested my husband. After that, he was also given another high-visibilty project and received kudos from his 3rd level management. He just got the highest raise in the entire group last week!

By the way, are you experienced in law regarding condominiums and their responsibilities to maintain owner safety? I have another question for you that I could send privately. Our roof collapsed and there was negligence involved...

Thanks much!

Wow! What a coincidence! Eighteen months after your last post, you come back half an hour after 'tidize' necroposted a response to your thread. Incredible timing!
 
Perhaps, if tidize is so informed, s/he will post a link to the law that was violated and educate all of us poor uninformed professionals?
 
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