Legal Question in Medical Leave in Ohio

I'm an expectant father who's child is due 8 months from now. I'm scheduled to start a new full time job in a few days. So obviously I will not have a full 12 months of employment by the time my child is due to be born. Are there any Child birth rights I have regarding time off from work to care for my child once it is born?

Asked on 8/11/10, 12:54 pm

1 Answer from Attorneys

Neil Rubin Neil S. Rubin, Attorney at Law, LLC

This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

You are correct when you infer that FMLA does not apply. Best case is to talk to your employer (obviously they want you) and see if you can go part-time for awhile. Absent that possibility, you could possible claim gender discrimination if they have a policy to allow women maternity leave but not men. But that's a real stretch because the law is not settled on that issue.

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Answered on 8/19/10, 4:52 pm

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