Can employer let you go because your kids are sick too often and you have to stay home with them?

Question

I would appreciate everybody's help on this one. Is there anything in the federal or state (NY) law regarding employer's right to let you go if you're absent too often. I have a little child and will probably start a new job within a couple of months; I already have the questioning and strange looks at the current job. Can they let me go if I have to stay home with a sick child and how often is too often? I am not a rocket scientist :))) and I am certainly replaceable but still will they let me go? Isn't that discrimination?

Answer 1

First, "David M" is not being honest. Not telling your potential employer you may have to take time off is not a criminal offense. It's just the kind of cruel scare tactics you always hear out of the right-wing. And in this case totallly false.

I don't know about NY state. But at the federal level, no. The "Family Leave Act" (such as it is) isn't likely to cover your situation.

Is it discrimination? Yes. But in today's business and political climate, real reforms are unlikely for a long time--certainly while the current administration is in power. The right-wing "moral values" rhetoric about "family values" is there for appearances only.

But you are not in a position to change the system--so you need viable options. Here's two: first, see if you can find a job that offers a flexible schedule or that includes child-careas a benefit. Also try to find friends and/or neighbors who can watch your child at least some of the time.

Second--think about getting job training for a job that allows you to work at home. With the internet, there are a lot of these out there now. They have advantages and disadvantages--but since they usually allow you discretion as to when you work, thet sounds like it would be ideal for your situation.

Finally, if your child is likely to be chronically ill, you may qualify for assistance. Rules vary--but contact your State Dept. of Family and Childrens services, or disability advocacy groups in your area to get information.

Answer 2

New York is a work at will state, meaning either side can terminate employment at any time with or without cause or notice. Missing work often to take care of a sick child is not discrimination, so your employer would be within its rights to let you go for whatever they consider too many absences.

Answer 3

Well consider it from the employer's position - why should he support you and your family if you're not going to give back value in return? Do you think he owes you a living? We all have to earn our living by doing some kind of productive work. And when you own a business and need a job done, you need someone who will reliably do the job for you. Would you continue to use a phone service, say, that only worked five or six days a week and you never know when?

Answer 4

Can an employer let you go if you are not at work often enough? For whatever reason. Yes. Why should they pay you if you don't work? Most employment agreements are 'at will' meaning you can be let go at any time, for pretty much any reason. If they hired you to do a job and you are not doing it, why would you think you have a right to keep it? Sorry for your sick child, but it is not reasonable to expect an employer to keep you on when you are absent excessively.

Answer 5

Of course, an employer should be able to let someone go if they just aren't pulling the load that they were hired to perform. Though it is a justified reason for you to not go to work, having a small child that keeps you from going to work doesn't help your employer get done what needs to be done & your not being at work doesn't earn your paycheck. Too often is going to depend....is your lack of attending your job resulting in poor performance? Is your job something you can do at home?, etc. I don't think you can claim discrimination, your employer could be an equal-opportunity "firer-er" - if everyone is let go for failing to get the job done, regardless of the reason.

Answer 6

yes, that is discrimination!! your employer should have told you about the family, medical leave act or in other words FMLA. the bill was passed when pres. Bill Clinton was in office. your employer is suppose to post this information. but of course anything that benifits the employees that don't want you to know about. this fmla allows you to take as much time off as you need if you are caring for a family member, or if you are sick and have a reacurring illness. and there is nothing your employer can do about it when you need to miss. as long as you call in to your job be specific about the problem and also mention that it is covered under FMLA. there's not a damn thing they can do to you. If they do you get you a lawyer. and you will have a hell of a law suit on their ***. you don't have to bring a doctor's note in either, so don't let them run that **** on you, especially if you or your child has a reaccurring illness. your can get these fmla forms from your employer,and when you ask for them and they try to act like they don't know what the hell your're talking about, just tell them that they are breaking the law. and you will have to get yourself a lawyer to look into the matter. believe me they will change their little tune. the reason i know is because i have a reacurring illness.
so just do that, and everything
will be alright!

Answer 7

They can and will fire you.

It is not discrimination, because there are other alternatives when you have a sick child that don't include not going to work (personally I think staying home is the best, but...).

Too much time off needs to be defined by the place you work. Monthly I am sure would be too often...

Answer 8

What if it were you that was sick and you missed a lot of work? Yes, they would and could let you go for that. Who is sick is irrelevant. That it's a child doesn't change the fact that you missed too much work. You were hired with the understanding that a certain level of attendance was expected from you and by accepting the position, you agreed to those terms.

Answer 9

Yes they hire you to do a job not worry about your personal life sorry but that's the way it is. When you don't show up for work it makes everyone else do more work It is not the fault of the employees to suffer because you have problems.
This might sound insensitive but everybody doesn't care about your problems at home

Answer 10

Yes they can let you go. If you are not able to perform the duties set forth in your job description--daily.

If you've exhausted all your vacation, you need to look into taking a leave of absence. Check out your employee manual that specifies if you can apply to FMLA benefits.

Good luck.