Will I lose my job?

Question

I recently started my new job, and I might have to take tomorrow night off because my son is really poorly. I phoned my boss to tell him that if my son is still unwell tomorrow I will have to take the night off and he said that if this is going to become a regular thing, I will have to leave. I promised that this wont happen regularly, but I'm worried that if I do have to have tomorrow night off, I will lose my job. I dont want this to happen as I love my job.

Answer 1

It's never a good idea to start being absent from work especially when you've just started since it does give the impression that it may be a frequent occurrence. Anyway someone else can watch him for you, a family or friend? How about hiring a babysitter? If you really like your job look into these things as an option.

Answer 2

The key phrase is "I recently started ..."

Now, I am assuming that you are from the UK. If you aren't, stop reading now because this is probably going to be irrelevant. To take action against an employer for unfair or illegal dismissal, you have to have one year's continuous service with that employer prior to the date of your dismissal. There are a number of exemptions, principally relating to dismissal for taking part in legitimate Trade Union activity, but none of them apply to you. It also sounds to me that you have an evening job and that you took that job on despite the fact that you have a young child. It doesn't matter if you told your boss about the fact that you had a kid and would need leave of absence to nurse him when he was unwell. If you do get the sack and try to do something about it I think you are going to find that the tribunal will think that you were irresponsible in taking such a job while you have such family responsibilities, and you have absolutely no claim against your employer. While I'm on the subject, who is looking after Junior while you are working in the evenings/nights?

The other aspect of the case is that your employer is right and you are wrong. He has hired you and is paying you to do a job, and he is entitled to expect that you will fulfill your side of the contract - and a contract it is, like it or not. I assume he has explained your leave entitlements to you and you don't have the right to take extra days off regardless of how problematical your home life is. If you cannot do the job for reasons wholly unconcerned with the job then he has the right to sack you and you have little to say about the matter. There is nothing in the law that requires employers to be sensitive, New Age Men.

All of this might seem a bit harsh, but life's like that.

Answer 3

In the United States, if you were working at your job for more than one year, you would be protected under the FMLA (Family Medical and Leave Act). Unfortunately, if you just started your job, you would not be protected under this act.

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year to care for an immediate family member (spouse, child, or parent) with a serious health condition.

Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.

You may want to talk to your human resources department to explain the situation and see if they can help you. If you have a note and explanation from your doctor, they may be more willing to compromise.

Is there someone else who can care for your son in the event of an emergency?

Answer 4

You have to have 2 verbal warnings and 1 written warning then you will get the sack. You can't help your little boy being ill. Just explain to your boss you are a good worker, you are committed to your job but your little boy must come first. Most employers understand this. Get in touch with citizens advise tomorrow and see if I am right about the warnings. I was a community carer and had loads of mornings or evenings off as one of my little darlings was ill and my boss was OK most of the time, he only got mad if I didn't give more than 4 hours notice. Good luck. Don't worry about your job, if you love it that much your made for that job and that job is made for you.

Answer 5

I don't know which country you live in or which organisation you work for, so I daren't advise too specifically. Obviously you don't work in the UK NHS. Can't you just take it as annual/even unpaid leave for now till you see how the job works out? Is there no-one to help you with child-care? You say you love your job. Yet you've just started it, and if your employer is unable to accommodate your child-care issues maybe you'd be better off working for an employer who can. Some smaller organisations just cannot accommodate people who need short-notice time-off for family issues as colleagues who choose to be childless cannot be expected to cover those who have made a different life choice. I see both sides of the issue. As a one-off however I do think you are being treated unfairly.

Answer 6

You are likely protected from these sorts of things...based on the state you live in or the type of industry you're involved with. I would suggest that IF you ARE fired, that you call a local attorney to discuss the matter. If you're salaried and you have no "at will" situation, you may have a suit. Other than that, I have no advice. I feel for your situation and I know there are advocacy groups out there that can help you if you are fired for this reason. Good luck!!

Answer 7

I would trust your boss in that you will only lose your job if this is a continual thing. One night off is not enough to get you fired, unless there are other problems. Best of luck to you with your job and i hope you son feels better soon:)

Answer 8

I think that your boss is being extremely insensitive and careless. When your son is sick, that comes first and then work is second--you're not in Japan!

Since you started working there recently, just take off to care for your kid but don't worry about losing your job, you don't need more pressure than you already have. You should be fine, honey.

Answer 9

Your child must come first before any job,if the boss is like this then he surely is not worth working for.
Take the time to look after your son and go on line and find yourself a new job in the same line of work at the same time.
I hope the boy gets better fast,and good luck !

Answer 10

I would get a family memeber or a trusted friend to look after your son. Your job is very important and you don't want your boss to think that you are not interested in it.

I hope your son gets better soon