After the heartbreaking loss of his first child, a New York City transit employee found his request for paid family leave denied. In early February, Thomas Rivera faced an unimaginable tragedy when his wife, Maria, delivered their stillborn son. In an instant, his dreams of fatherhood were replaced with the painful reality of loss, and he was soon confronted with an additional distressing circumstance: the Metropolitan Transportation Authority (MTA) refused Rivera’s plea for two weeks of paid paternity leave.
Instead of taking the necessary time to mourn and support his wife, Rivera was expected back on the job just three days after the devastating event. “I wasn’t prepared to return to work. I have bills to pay, but mentally, it’s too fresh,” he shared with the New York Post. “Operating a train requires full attention—there are people on the tracks, construction zones, and so much can go wrong if your mind isn’t focused.”
This seems like a reasonable concern. After all, providing a grieving father some time to process such a significant loss and tend to his family should be a given. Aware of his rights, Rivera researched the regulations. According to New York state law and the MTA’s recent agreement with his union, Transport Workers Union Local 100, he was entitled to two weeks of paid leave.
“Upon reviewing the transit guidelines, it clearly states that paternity leave is contingent on the birth of a child. Nowhere does it mention that a stillbirth would disqualify you from this benefit,” Rivera explained. Tragically, their situation did involve a birth; at eight months into her pregnancy, Maria stopped feeling movement from their baby. On February 1, they learned their son had no heartbeat and Maria had to deliver him—whom they named Lucas—naturally. “We were crushed. You expect to hold your baby and hear that first cry after all the effort put into a natural birth,” he lamented.
What Does the MTA Say?
What does the MTA have to say about this heart-wrenching situation? They offered Rivera the standard three days of bereavement leave for a family member’s death. While they recently ratified a new contract with Local 100, the two weeks of paid family leave are still subject to negotiation. MTA spokesperson, Alex Carter, expressed condolences for Rivera’s loss and mentioned that the MTA is a compassionate employer, encouraging staff to utilize various programs available for those facing difficulties. However, specifics about these programs remain vague, making it hard to assess their effectiveness in light of Rivera’s denied leave.
Research indicates that fathers who endure stillbirths often grapple with significant psychological challenges, such as anxiety, depression, and even post-traumatic stress disorder. It’s crucial for employers to recognize these realities and provide the necessary support during such trying times. For more insights on related topics, check out this post on mood-boosters or learn about fertility options at Make a Mom. For additional information on treating infertility, visit the excellent resource provided by ACOG.
In summary, Thomas Rivera faced the unimaginable loss of his stillborn son, only to be further burdened by his employer’s denial of necessary paternity leave. The MTA’s policies and the need for compassionate support during such devastating times raise important questions about workplace practices and employees’ rights.
Keyphrase: NYC Transit Worker Family Leave
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