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Junior Member
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Oct 26, 2007, 07:29 AM
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Unfair Employer Practices pertaining to paternity leave.
My employer moved me to a salary position a few years back.
Since that time I have not gotten the standard raises that I used to get.
They said that's because I am on salary, however I am instructed to punch a time clock.
On tp of that I had lost any personal days that I used o have.
Well I digested all this and just accepted it, what could I do since I agreed to the p[osition, you know.
Then recently a woman in my office on salary is taking PAID time off for maternity leave coincidentally the same month I am taking paternity leave. She don't punch a clock.
The problem is they told me that I would not be paid for any time off. This seems kind of sexist to me.
Do I have any legal rights?
Either way, How should I ask my employer to make things fair?
General question: Does anyone disagree
With t a man taking paternity leave since
He is not the one physically having the baby?
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Junior Member
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Oct 26, 2007, 07:58 AM
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Originally Posted by shygrneyzs
I did get FMLA papers filled out.
My employer by law will have to let me have my time off, they just don't have to pay me.
My grief is that they do pay women on salary.
They do not pay Men on salary.
They do not pay woman nor men who are on hourly pay rate.
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Home Repair & Remodeling Expert
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Oct 26, 2007, 08:08 AM
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Your employer should be allowing you to use saved sick leave will on FMLA. When the sick leave expires so does the pay but the leave continues until FMLA has been exhausted. Sickleave will only run while your wife and/or child are considered ill and in need or care. It is the law that both a man or a woman can use FMLA and I agree with this law. Maybe the details of this other person's leave are not 100% correct, who informed you of her leave details?
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Junior Member
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Oct 26, 2007, 08:51 AM
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Originally Posted by ballengerb1
Your employer should be allowing you to use saved sick leave will on FMLA. When the sick leave expires so does the pay but the leave continues until FMLA has been exhausted. Sickleave will only run while your wife and/or child are considered ill and in need or care. It is the law that both a man or a woman can use FMLA and I agree with this law. Maybe the details of this other person's leave are not 100% correct, who informed you of her leave details?
This does not help me.
We are both allowed to take our time,
Its just that she's getitng paid
Because she is a woman..
Is this legal?
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Computer Expert and Renaissance Man
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Oct 26, 2007, 08:58 AM
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You didn't answer ballenger's question. The issue could simply one of short term disability. The woman may be getting paid because she is taking off due to a medical condition. You are not.
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Home Repair & Remodeling Expert
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Oct 26, 2007, 09:08 AM
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Actually Scott, Hoss should be able to access his own paid sick leave while his wife is considered ill by her doctor, usually several weeks. Same is true if the baby is considered ill be the pediatrician. I am assuming his job has paid sick leave as one of his benefits. The other lady likely has different, maybe more, benefits since she is salaried. You never know what can be in a contract if she has one. Doesn't really sound like a gender bias situation to me.
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Computer Expert and Renaissance Man
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Oct 26, 2007, 10:47 AM
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I agree. There is a lot we don't know that could remove any issue of gender bias. FMLA allows employees to take unpaid leave for family emergency situations. But FMLA isn't the only game in town. Many companies cover maternity as sick time up to the employee's maximums.
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Junior Member
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Oct 26, 2007, 10:58 AM
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Got it! She may have a different contract of some sort. I am slowly realizing that I made a stupid career move when accepting a salary position to where I lost all my personal days and stop getting raises. Plus I still have to clock in and out but don't get paid for overtime hours. On top of that the work load is more mentally challenging.
Also I am realizing that workplace loopholes and socialism have a direct correlation.
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Home Repair & Remodeling Expert
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Oct 26, 2007, 12:36 PM
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Yep, sometimes a salaried job isn't whay its cracked up to be. You lose out on overtime but they can still require to punch in just for their record keeping process and attendance. Raises are not a guarantee for either salary or hourly, some folks are actually forced to give back raises or concessions. If you have paid sick in your current job you should be able to use paid sick leave until your wife's doctor says she no longer needs care or you used up the leave accummulated, which ever comes first.
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