Husband’s Place Of Employment Is Threatening To Deny Fmla That Has Already Been Approved

My husband works for a government agency. He recently was speaking with HR about his timeframe/plans for FMLA for the birth of our child, which he qualifies for and has already been approved.

Recently, his boss found out another employee will also be needing FMLA during the same timeframe and is saying that my husband will no longer be allowed to take FMLA for his already approved duration, because he needs my husband to stay at work to fill in for the other employee once the other employee goes out on FMLA.

His boss then proceeded to say that FMLA is only “job protection” and it doesn’t mean that his boss will automatically “approve his leave”. Meaning his FMLA will be approved, but his “leave” won’t be. Additionally, his boss said: “If I want you to come in on a day you’re supposed to be off, you’re required to come in”. My husband then asked what would happen if he didn’t since his FMLA was approved, but his “leave” wasn’t. His boss said he could face termination. HR confirmed this.

My husband is now very worried that he won’t be able to be here for the birth of our child and that he won’t be able to help me if I have any complications or a c-section. Is his employer legally allowed to revoke his FMLA that he qualifies for, and has already been approved in advance? I’m worried he won’t be here when the baby comes and I’ll be left to manage by myself with a newborn and toddler.

Also, it should be noted that when my husband and I had our first child, his boss lied to him saying that despite being a large government agency, they don’t have FMLA and is only allowed to take 6 weeks of leave. My husband didn’t find out that was a lie until after coming back to work, and he was very upset. Especially because I had a lot of complications the first time as a result of giving birth. We are both worried about what this could mean for us when the time comes.