What do i do when my job doesn't want t pay me for time off due to a miscarriage I had? What are my rights?

Question

my job is refusing time off with pay due to my loss of my unborn child or even time off to grieve

Answer 1

Your job had nothing to do with you miscarrying your child, therefore they dont have to pay you. There is no law that says an employer has to pay an employee sick time, or bereavement pay.

And this is not covered in FMLA, despite what others have said. All FMLA guarentees is that you can have time off, not that you will get paid for it.

Answer 2

Depends on state but they dont legally have to pay you. As far as time off FMLA (Family Medical Leave Act) only applies to certain buisness owho employs 50 or more
employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. It doesnt cover leave for a death. Some buisness' allow 3 days of unpaid leave for an employee for a death of immedicate family as well as miscarriage but that isnt a law.

Answer 3

Your job doesn't have to pay you if your ill or had a miscarriage. However, if you worked for the company for at least a year your job is protected through FMLA. FMLA only guarantees job security not paid time off due to an illness. Check with your company too see if they offer short term disability...usually STD (short term disability) is paid and you only have to work for the company for 90 days to be eligible for it.

Answer 4

Does your company have more than 50 employees, and have you been employed there for at least 12 months? If so you can use FMLA, but unless you have sick time built up they don't have to pay you. I had to use up all of my sick time and vacation pay when my son was born almost 3 months early because FMLA just basically says they have to hold your job for 12 weeks, but very few companies actually have paid maternity leave.

Answer 5

NO company has to give paid time off. They have to give you the time off due to the FMLA, but for pay you either have to use vacation or sick time. Some companies do offer paid leave, but usually only for upper management or salaried employees. Good Luck though!

Answer 6

Unfortunately, time off for deaths in an employee's members of the immediate family must be living autonomously before you are permitted time off for a death. Depending upon the size of the company you work for, call the person in HR who is responsible for benefits and ask them what you can do to address this tragic issue. Good luck and God bless.

Answer 7

If you don't have sick time or vacation they don't have to pay you to be off. That is true even on a full term delivery. Under FMLA they have to allow for 12 weeks UNPAID leave before they can fire you, but not paid leave unless you have the vacation/sick time to cover the absence

Answer 8

id believe that they wouldnt pay you but the should give you a leave of absence with a seat available when you return. i never got paid and even with fmla i dont get paid when im not feeling well. every companys different so i would look into it.

sorry bout your loss

i lost four and didnt give up now im preg num 5 and ive lasted 22wks. good luck sweetie

Answer 9

covered under FMLA- call whoever you can!
i am so sorry for your loss and the fact that they are not making things easier on you!

Time for a new job- seems like these people arent even human, ( if its possible for you) good luck, and things will be okay.

Answer 10

there is no law that says they have to pay you. if you have paid sick days they have to pay you, but some people have only a few sick days a year, then they can claim into their disability insurance. but the don't have to pay you if it's not under the company guidelines that guarantee you have unlimited paid sick days. you can also use your vacation days as sick days if you need the money, if of course you get paid for those. the only thing the law guarantees is that they cannot fire you for being out sick.