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I have been working at my job based in D.C. for 1 year to date. My fiancee is due with our child Nov. 28 and its a C-section. I applied for my vacation time in the first week of November and also asked for two weeks of maternity leave. My vacation time that I should have earned through my company is one full week paid. It is now Nov 21 and I have not been approved for my leave nor my vacation time. I tried talking to the chain of command and they say my request is at HR. If I am not approved by Nov. 28 I will not be able to drive my fiancee to the hospital to give birth to my child and my job is acting like their hands are tied and what I'm asking for is too much.
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If your employer employs 50 employees, you worked 12 months, and have been full time, then you should make a formal request for FMLA indicating that you had previously requested leave time and received no response. They will have to respond to that or be in violation of the law.
If the employer is too small to be subject to the FMLA, your rights are limited. You should continue to follow up through emails so there is a record of your attempts to get your leave. You may also want to consult with an attorney in D.C. who is aware of local laws that might also protect you.
Answered on Nov 21st, 2013 at 5:42 PM