My husbands boss ....

I am asking for him, as he is at work right now.

My husband requested our son's birthday off on April 15th(his birthday is May 30th). His boss approved the day off, and everything seemed fine.

Today his boss canceled his request for the 30th off. My husband spoke to his boss and the reason for the cancel is because my husband didn't get everything done last night at work. The reason my husband wasn't able to get everything done was because it was just him, and another employee who doesn't even speak English fully. So, he had to spend 6+hours trying to help the new non-english proficient employee with his work.

His boss also stated and I quote "I thought you were going to help me out, and I help you out. Since you didn't help me out your day off is canceled".

Is this retaliation?

My husband has contacted the district manager, and HR manager about this.

There's more back story, it's just too much to list.

2 answers  |  asked May 27, 2010 3:09 PM [EST]  |  applies to Texas

Answers (2)

Thad Harkins
The only law that protects your husband for getting leave for family matters is the Family Medical Leave Act, which is currently only for his serious health condition of a family member's serious health condition. There are amendments proposed to extend this type of leave for parent/teacher conferences, and other parenting events, but not for birthdays, so unless there's some written policy that says they can NEVER reverse their approval for non-medical leave already granted, I'm afraid I agree with Marty all the way.

posted by Thad Harkins  |  Jun 14, 2010 5:17 PM [EST]
Martin A. Shellist
I do not see a viable legal claim. If he was discriminated against due to race, religion, etc., then there may be a claim. Retaliation covers a host of issues, but not refusing to let someone off for a child's birthday.

posted by Martin A. Shellist  |  Jun 10, 2010 11:40 AM [EST]

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