Father on maternity leave

I work at a small company that only employs about 30 people. Is there a law that covers a father for taking time off to be with his wife and new born child? I was told that we don't fall under the FMLA because we have only 30 employees.

1 answer  |  asked Aug 4, 2004 6:45 PM [EST]  |  applies to Ohio

Answers (1)

Gregory Gordillo
Paternity Leave in Ohio

THe FMLA protections only apply when the employer has 50 or more employees. Unfortunately, this means that the facts you have described would not allow you to take protected leave under the FMLA.

No Ohio law requires employers to give fathers time off for new born children. But employers cannot discriminate on the basis of sex when creating leave policies. In other words, if the employer has a maternity leave policy that is more employee friendly than required by law, the employer probably is also required to offer equivalent paternity leave.

posted by Gregory Gordillo  |  Aug 4, 2004 7:43 PM [EST]

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