Blunt Honesty
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No, Family Medical Leave Act (FMLA). |
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sycko187
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doesn't that depend of the company she works for? |
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Princezz_of_the-world
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Possibly but if your a good worker and don't take to many days off probably not.just try to explain it to your boss he'll probably see it your way. |
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Harold T
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maybe |
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a-mazed
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In ARkansas, an employee can be fired for NO REASON -
and employers are not mandated to inform employees why. . .
So here - YES |
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SnuffySmith
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She probably could but if she talks to her HR person, they may be able to arrange a vaction with out pay deal until he gets better. Many places will do that, specially if they are a good employee. |
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margaretswett@sbcglobal.net
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I think there is a fine line there. She can apply for Family Medical Leave Act and can qualify for up to 6 weeks out, she should check into it, through disability office. Similar to when a wife has a baby and the husband takes time off. |
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Ms Fortune
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it would really depend on the job and their policies.... this is actually family sickness as opposed to personal sickness.. but she really needs to talk to her boss about this... no doubt she will not receive any pay... but perhaps they will not fire her if she talks with them...no idea how serious his illness is.... but if its not that serious perhaps she can return to work and just visit him after or before work, and if its very serious perhaps she can request a leave of absence for a bit? best wishes to your friend! |
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dwh12345
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No..There is a Family Medical Leave Act law which protects you in cases like this |
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Nobody
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I agree with the commentor that said there's a fine line here.
It sounds to me like the customer service worker probably didn't fill out the FMLA paperwork beforehand. She should have gone to the HR department and taken care of that BEFORE taking off for more than 2 weeks. As it stands now, you're probably AWOL...
If I were your employer and you just took off for two weeks or more without saying anything... and weren't an absolute all-star... you'd be out on your butt.
Sorry. |
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Wolfpacker
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It depends on where she lives, in NC employment is on a choice basis. They do not have to have cause to fire you. They can fire you because they do not like your hair. The only exceptions are gays & blacks - federal laws override state laws. |
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kisme86
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If you talk toyour boss, you can work something out like personal leave of absense, or the FMLA act can back you up on this. I'm sure they won't fire you because of that, but they'll probably find something else to fire you about. |
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QandAGuy
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I'm certain she can be fired if she can not show up for work. I'm sure most employers would not understand why would her husband being in the hospital mean she can't come to work? If he is at home and she needs time to set up care for him, that would be another story.
That aside, there is one option: An option is requesting a leave of absence. The family leave act lets people take time off, unpaid, if they need to tend to family matters. But you have to give notice and not just stop showing up for work.
See attached for details of the leave act. |
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STARRLICIOUS
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Depends on your company's policys |
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Evilest_Wendy
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If she clears it with the boss, it should be OK. Just sucks on the paycheck.
Where the hell is the human compassion? |
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ThePeskyWabbit
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That would probably be stated in the Personnel Manual, but she could talk to human resources. They may have to put her on unpaid leave of absence. If her husband is in the hospital, couldn't she go to work and then visit him after work?
I was in the hospital for spinal fusion surgery. I had to be in the hospital a week. The staff at the hospital takes care of you, and then my husband came and visited me in the evenings around dinner time.
I wouldn't believe she could be gone for 2 weeks without arranging for an unpaid leave of absence. |
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bartender
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If she has worked for the company for over a year or a specified number of hours she will qualify for the FMLA, Family Medical Leave Act. This will require that her job is retained for her. |
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the_8_l3all_huntress
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It depends if the FMLA (Family Medical Leave Act) law applies to her company. If it doesn't then the company could fire her, but they may not want to do that because then she could draw unemployment from them. If there are no policies or laws that they have to follow for this, then its possible she is going to get fired. |
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J Somethingorother
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If he's in the hospital I would guess there isn't much she can do for him there. If she thinks she'll be having extra time off when he's released to care for him, my guess is she could likely lose her job. Many smaller employers can't cover a loss of one person for an extended period of time and are forced to replace them. |
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grudgrime
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Research the Family and Medical Leave Act of 1993 |
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rcabrave
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Yes, unless that employer has set a legal precedent for themselves by their past practices ........ they can be fired ...... as any employer has the right to delegate their workforce and to do that the employee has to be there during their scheduled work shift.
The USA has "At-will Employment", and an at-will employee in the USA can be terminated at any time, and for any reason – or no reason at all – and the courts will not intervene to protect the ex-employee from allegedly unfair treatment by the employer.
Many state legislatures have created statute(s) mandating public-policy exceptions. Which allows the ex-employee the right to sue for wrongful discharge.
In a few states such public-policy exceptions have been created by sitting judges, and become part of the common law.
Primitive law builds on precedents, as new judgments rest on old rules of law or norms of custom.
Besides the employor having set a legal precedent by in their past letting others do what they are now firing that employee for ....
public policy exceptions to at will employment are generally:
Some (i.e., not all) states recognize public-policy exceptions to the absolute right of the employer to discharge employees, in situations where:
the employer ordered the employee to violate a state or federal law, for which the employee could be personally convicted. Such a violation could be either:
something the law forbids (e.g., employer orders employee to commit perjury), or
something the law requires (e.g., the employee serves on a jury).
the employee exercised his/her legal right (e.g., filed a workers' compensation claim as the result of an injury in the scope of employment).
the employee reported a crime, when the employee has a reasonable belief that a crime has been committed.
the employee cooperated with a criminal investigation.
the employee has been absent while serving in the military (e.g., National Guard or Reserve).
the employer ordered the employee to violate a state or federal regulation or statute that is designed to protect the health or safety of other people. |
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Rjmail
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It depends on the company policy. There is the FMLA (Family medical Leave Act) that if she is complying with, she may be ok. But, in a lot of states, a company can let you go at any time anyways. |
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Jesi
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If she qualifies for a FMLA leave she can take that. FMLA allows a six month leave to take care of oneself, or immediate family member, but there are rules and qualification periods that must be met.
Refer it to HR, they have the appropriate information concerning FMLA. |
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