Can paternity leave be denied?

[Nita]

My husband & I had a baby on August 5th. He applied in advance for paternity leave from his company [Wyndham] & he asked for 7 weeks from our son's birth & then an additional 2 months next year. Unfortunately, our son is experiencing some health issues that are not entirely determined yet...possibly reflux, possibly milk allergy...& his care is a little more daunting than we'd expected. Not to mention we have no family in New Brunswick.

He went back to work yesterday, but last night we discussed it might be a good idea for him to try to get back out on leave...we should have requested it before he went back, but things have very rapidly declined in the past 4 days.

My question is, can they deny him any more pat leave? I'm assuming that pat leave cannot be denied, kind of like stress leave, unless they were disputing it because they didn't want to pay the top-up. Wyndham has already paid him his 6 week top-up, so they don't have to pay any more...but I guess they can ask he request more pat leave in advance or say that he had one opportunity to apply for all the pat leave he wanted & he didn't, so tough luck.

Any info or advice?

[donteatrawpotatoes]

you can't go on leave and then go back to work and go home again :(

[Tassy.Junior]

Ive seen people do it a few times! Don't know how the pay thing worked.

[OTAY]

You really might want to check with the government instead of asking here. This is a serious issue. However your husband can call his HR person and they should be able to tell you and advise you of your rights.... In this case I am sure they would be willing to work with you.

[Nita]

Well, my husband is going on leave again....next year....so you can go back to work & then go on leave again...unless you mean, without putting it in writing in advance.

However, I looked on a government website & it stated that the situation may be different in cases of emergency, but I'm not sure what constitutes an emergency. My son's conditions aren't life threatening, it's just that it's become very hard for me to care for him by myself.

I know Wydham did give him an extra week's extension back in August when our son had to stay in the hospital for an extra 4 days, so they extended his leave without anything in writing...maybe it's up to the company if they'll agree to let someone go back out on leave?