Customer service worker's husband is sick in the hospital. She is out for over two weeks because of this. My question is; Can she be fired because she has been out, no sick days and no vacation days are left.
2006-07-31 05:57:49 · 23 answers · asked by Kim C 1 in Business & Finance ➔ Corporations
No, Family Medical Leave Act (FMLA).
2006-07-31 06:00:23 · answer #1 · answered by Blunt Honesty 7 · 3⤊ 2⤋
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.
2006-07-31 06:31:22 · answer #2 · answered by rcabrave 2 · 0⤊ 0⤋
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.
2006-07-31 06:05:45 · answer #3 · answered by Nobody 4 · 0⤊ 0⤋
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.
2006-07-31 06:03:18 · answer #4 · answered by QandAGuy 3 · 0⤊ 0⤋
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.
2006-07-31 06:01:36 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Research the Family and Medical Leave Act of 1993
2006-07-31 06:01:11 · answer #6 · answered by grudgrime 5 · 0⤊ 0⤋
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.
2006-07-31 06:02:33 · answer #7 · answered by Anonymous · 0⤊ 0⤋
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.
2006-07-31 06:05:01 · answer #8 · answered by xlx_angelic_2_demon_xlx 2 · 0⤊ 0⤋
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.
2006-07-31 06:00:26 · answer #9 · answered by Rjmail 5 · 0⤊ 0⤋
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.
2006-07-31 06:00:23 · answer #10 · answered by Anonymous · 0⤊ 0⤋
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.
2006-07-31 06:01:20 · answer #11 · answered by kisme86 3 · 0⤊ 0⤋