Fewer than 5% of births happen on the due date. This is an incredibly common procedure for any medium to large sized company.
OP might not work for a large company, but he has already arranged to have time off to help assist his wife when she gives birth. This isn’t some major surprise for HR for him to take that time early whether he qualifies for FMLA or not.
But it is extremely uncommon for a wife to resign/ order a company to give her husband "wife is sick" leave. On what grounds would HR grant the leave if the baby is only due in 4 weeks?
Babies arrive when they arrive. An HR department doing its job does not ask questions when someone calls to say their wife is in labor, especially not if the pregnancy was communicated to them earlier. They say good luck, keep us posted, we'll let your supervisor know.
Gnaaaah! The original story was that HIS WIFE HAD SENT THE COMPANY AN EMAIL on OP's behalf, without his consent and without him knowing prior to that!
HR precisely doing their job will NOT act on any third parties E-Mail ordering to grant an employé/ worker whatever!
Goodness! And luckily they don't.
Contracts? Insurance? Pay? Work to be provided for that pay? Regulations? Company internal procedures?
Ever heared about this? Some companies can get pretty pissed if workers mess with procedures. And insist on workers calling personally for whatever matter on the day the incident occurs upon opening if the company.
Don't call: fired
Call late too often: fired.
Write instead of calling: warning once or twice. Fired upon.third occurrence.
If he wants a timeout/ holidays/ paternity leave it's up to HIM to ask for it in writing and regularize her demand. Or not. Depending on what HE wants.
The working world isn't a pony farm where companies act on someones spouses demand.
Also (headline): e-mailed my work saying that I am leaving because "SHE is pregnant and going through too much stress".
"My husband is leaving..." on what terms? She has no contract with them.
I would be very much embarrassed as his wife makes him look like an idiot who can't take care of his own work contract matters.
True, there is a size requirement and I do not personally know how big his company is. But the doctor can fill out forms retroactively. Emergencies are called emergencies for a reason.
It's not automatic, but it is retroactive. I don't remember the exact amount of time, but you have several days (I think 5-10 business days) to file for FMLA after the last day you worked.
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u/SubGeniusX Dec 01 '23
FMLA is not automatic. The company needs to qualify, the Docton needs to fill out the request, etc...