Does this situation fall under the Family Medical Leave Act?

Question

Today a co-worker told me that her mother had to be admitted to the hospital this morning or late last night. I don't know the exact situation but all i know is that things were serious enough that her mother had to have a tube put down her throat. She is still alive and well but as far as her current condition is uncertain. This co-worker wanted to take today off but our manager wouldn't allow it. We work at a local grocery store. I would imagine that she would have every right to leave work under the FMLA. I also noticed that in the area where the normal posters and notifications would be for employees their was no documentation for the FMLA which is required by law. I wanted to know how many laws are being broken if any in this situation.

Answer 1

The worker has to specifically ask for it. And there are some conditions as well. I don't know them off hand, but maybe I can look them up for you...

1) If it is for care of an immediate family member, then it is covered.
2) Companies can be required to give advance notice. Leave can be denied (though it does say if need is "foreseeable").
3) Employee must have worked for employer for 1 year. Employer must have 50 employees within 75 miles.

So I'm on the fence. If the company were worth anything and cared for its employees, they'd give him a break and give it to him (if they are eligible). I had a co-worker who went home to Nepal and his Mom got sick and required surgery. My company (and co-workers boss) gave him FMLA no questions asked depsite the rare circumstances.

Answer 2

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