practicalwizard
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yeah. different companies have different policies when it comes to holiday pay. check on that. but, they have to pay him for what he worked. |
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ChemGeek
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Depending on how big the company was, they can't fire him for having to deal with a medical problem with a family member. You need to look at the FMLA and see if he qualified for that because if so, then him being fired was illegal.
Different states have different laws with regards to when will he gets what is due... in Arizona, for example, you are required to get your paycheck within 72 hours.
Frankly, if he looks like he fit the requirements for FMLA, I'd call a lawyer.
FMLA Info:
http://www.dol.gov/esa/whd/fmla |
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mom of 2
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you need to read his companies employee handbook. did he work before and after the holiday? if so, he should get paid for it.
any questions should be addressed to the hr director of the company and they have an obligation to help you with any questions that you may have.
hope this helps |
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rhubarb1
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if he was fired/sacked, then I doubt it unfortunately. If he was made redundant, then yes he would be entitled.
I don't know where you live, but if you're in the UK he needs to check employment law - especially if he's been caring for you. He should go to the Citizens Advice Bureau |
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BoomChikkaBoom
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"FMLA (family medical leave act) is a Federal law that requires ALL employers to allow a worker to be absent from their job for 12 days per year to attend to sick family members without penalty."
That is not true.
There are eligibility requirements for BOTH employer and employee, and among other things, an employee has to be employed for at least 1 year to be eligible, assuming his employer is covered under the act. |
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Michael
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Yes he will get what he is due. He will be paid up until the time he is fired and paid for any holidays that he worked the day before and the day after. National Labor Relations Board is the place to make a complaint if he doesn't.
They are not required to pay him for any time after he was fired and they do not have to pay him for holidays if he was not in pay status the day before and the day after.
Pay status means he got paid for the day, even if he was on vacation or sick leave.
Additionally FMLA (family medical leave act) is a Federal law that requires ALL employers to allow a worker to be absent from their job for 12 days per year to attend to sick family members without penalty. If he was fired because of an absence to care for you, and you can document that, you may have a case that he was fired illegally.
Good luck! |
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Nudle
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Depends if he was on probation. When I say probation that means if you don't do a well enough job or you just don't work out that have a certain amount of time to get rid of you. My probation was a year it just depends on the organization. He may not get his holiday pay. It should be in the paperwork that he filled out for the job. |
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paulrb8
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he wont get anything exept the first weeks wages.. which is kept back by the company... if he was there 6 months, would have got more.. and as under 2 years.. has NO rights to claim for anything.. maybe the employer should have been more considerate, unless there is something he is keeping from you.... |
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nemesis
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The company will usually work out his holiday entitlement pro rata. For example, if his holiday entitlement is 24 days per year, that equates to 2 days per month. If he has worked for 5 months, that equates to 10 days holiday (assuming his 5 months are in the same "company year" in terms of holiday entitlement). If he has had 6 days off, then he will be paid 4 days. If he has taken 12 days, then he will owe 2 days pay to the company.
Also, it depends on how he is paid. For example, some companies pay you two weeks in arrears and two weeks in advance, or a month in arrears, or a week in arrears and three weeks in advance. If he was fired on payday, and the company pays three weeks in advance, then he will owe three weeks pay - and may have to pay the money back. They will also consider holiday entitlement in this situation. |
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GOLDILOCKS
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I feel so sorry for you and your family ! But that is not constructive!
Try to get better yourself first ! Go to your GP and tell him he
Must get you into some therapy and that your children maybe
get into a nursery to make things easier for you and your husband ! All the time he worries about you he will not be able to
hold down a job ! Maybe your family or some friends can help too !Your health is the most important thing at present so do something about it .Also try to change what you eat so that your body gets into better condition.You could take some St.John's Wort (health shop) it lightens your spirits but only if you are not on any pills from the GP !
I do hope that you get some more tips here !
All I can say is that I hope I helped a little !
Good luck & peace to you and your family |
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surfer grl
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yes he will get paid what he is due. I think the employeer has 48 hours to get him his paycheck. |
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* Deep Thought *
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He may have to be working at LEAST 6 months to recieved benefits due.
Tell him to speak to the HR rep, personally and share his situation, a lot of times it just requires a personal touch.
Be positive! |
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frazzledmess
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Wait. He took time off to care for you and got fired? That's messed up and he could very well talk to an attorney. I really think you guys should speak to an attorney because you cannot be fired for caring for a "sick" relative, even if it is depression. Depression is listed under what constitutes as illness.
If anything, you should be getting money until the holidays. But I highly recommend talking to an attorney AND corporate because that is a dirty deed they commited. |
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poli_b2001
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Yes he should get everything he is due including any holiday pay, although if he was on a 6 month trial he might miss out on some hols pay |
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The Phoenix
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Hia!
First of all, dont worry. There are 1000's of people in ur situation every day and there are many avenues to venture down that are designed to help.
Hol pay usually works like this: it usually breaksdown to roughly 2 days for every month worked. From the point they begin to accumulate each year to the cut off point differs from company to company so he has to find out when the beginning was and then basically for every month worked since then he should be owed 2 days pay (roughly)
Hope this helps. |
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g8bvl
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he will receive pro rata his holiday for the time he worked and any time in lieu he worked plus there is sometimes severance dependant on the nature of the contract he was employed under and the nature of his dismissal |
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Saddam Hussein
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Good luck I'll pray for you I am not saddam. |
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Vegas
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He will get what is due. He should also keep insurance till end of month. |
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Nico W
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In most cases he should get two weeks or one months notice pay and if he was a permanent employee he would be entitled to get is vacation pay pro rated meaning for five months he would get 5/12 or 41.6% of his annual vacation entitled in pay. Hope I was helpful. |
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