Question

Lori, head of Accounting, refused to sign Brian’s parental leave request. Brian is seeking 12 weeks of paid leave to care for his newborn son and wants to take this time during the most busy time – tax season. Can Brian sue for wrongful termination and prevail?

Answer 1

No,Brain cannot able sue for wrongful termination and prevail for parental leave request

Explanation:

As per the Family and Medical Leave Act of 1993 requires 12 weeks of unpaid leave annually for the employees who delivered a new born baby. Under this law, legal parents are protected for up to 12 weeks of unpaid leave per year. The act ensures the job security of parents/employees but does not protect employees who go on paid leave with their employers.

The law clearly states that .,only unpaid leave can be taken by the employees as parental leave for 12 weeks. But in this situation Brain ask Lori for paid leave  which is cannot be availed as per law.So Lori has the rights to refuse to sign Brian’s parental leave request.