My manager wrote me up for having 2 many unschedled days off.?

Question

My 3 month old son was admitted to the hospital and had to have surgery, I was off work all week, and I have the PTO to cover the time I was off work. she said the company states grounds for termination is if employee has more than 3 unscheduled days. I had no choice! my son was sick! is this Legal? How can I fight this? I am on a 30 day probation! I can't miss one day of work or I get fired! what happens if he gets sick again? Do I loose my Job? I am a single mother and I have to keep my job! please some one help!

I have been with the company for almost 4 years, They wrote me up on Friday and I have a 30 day probation from Friday due to the write up!

Answer 1

If it is a small company and you make too big of a stink, they will make your life miserable where you would have just has soon they fired you. Chances are that there is a misunderstanding. Go to your immediate supervisor and discuss this with him or her. My company has 15 employees, yet we have a protocol for things like that, as most companies would. I can't see anyone being fired solely on what you have stated. Misunderstandings are usually at the root of 99% of all work related incidents such as this. Good luck!

Answer 2

Is this legal- unfortunately yes. Check with your H/R Department and employee handbook to see if your company requires proof of the hospital stay- if so and you have the documentation then I would provide it and make sure that it is referenced in your file. Be aware, that if your manager has it out for you, this will not be the only area that you have to worry about. Make sure that you are not giving them anything to look at you for. If you are like most, and work in an Employment at Will state, the employer can fire you under any reason.

The H/R department in theory is supposed to help you in situations such as this, but they will always caution on the management side if your performance is called into question.

I dealing with a similar situation now- I was sick and taken by ambulance to the hospital and was off of work for a week. I have all of the documentation in the world, but I was told that since I didn't call in my abcence, I needed to use my vacation time instead of my remaining personal days. Now my vacation was cancelled because it was deemed that I have taken too many days off in a row. I missed three days at various times earlier this year ( My kids were sick and I had a medical procedure that caused me to go in with complications for the week mentioned.), and then the week when I was out sick. I still have time left; both vacation and personal.

Document everything.

Answer 3

My last company did the same thing - when I had to take an unpaid day off because my son was ill. DH was also ill so he couldnt babysit like he usually does. You want to know what the boss said to me?

"You should have made other arrangements for your son."

I eventually lost the job, but then I didnt want to work there anyway if that was going to be their attitude.

If you are in Ontario and the company has more than 50 employees, then you are entitled to 10 days unpaid off per year, for family or medical reasons.

If the company has less than 50 employees, then you have no legal recourse.

Answer 4

Unfortunately, it's legal. No, you didn't have a choice, but they can still fire you over it. Most employers would probably be more understanding under the circumstances, but they aren't required to be.

Good luck in not having any more problems during the probation period.

If you have reason to think there will be followup problems with your son, look into whether you can apply for intermittent FMLA leave - that might protect your job.

Answer 5

If you have been there for 4 years, then you fall under the Family Leave Act...I would go to the head of the HR department and explain that if you had NOT been at the hospital and taken your child for needed medical treatment...you could have been legally charged with child neglect.

What they are doing is not legal.

The PURPOSE of the FMLA, is so people don't have to choose between their job and and taking care of a family member.

The FMLA also allows for medical emergencies...such as what occurred with your son...but they also can require you to show documentation to prove it.

Answer 6

If the policy is firmly stated in a manual, then yes, it is legal. Some companies chose not to pursue cases like this, but since you are still on probation, you are being tested. It's an unfortunate situation- your child is, and should be, your first priority, but they are thinking only of their bottom line, which is not the same as yours.

Answer 7

Yes SAF is correct! I don't think Liverpool are any threat to win the title. The only other club looking to take the title is Chelsea. Not even Manchester United are looking that good! Don't think any english club is going to take the Champions League. Is for relegation I think Bolton, Wigan, & Burnley are going down this season.

Answer 8

If your Company has over 50 employees you are eligible for FMLA (FAMILY MEDICAL LEAVE) for up to 12 weeks. Check with your h.r. department immediately.

You don't need an attorney, call your state Department of Labor or the EEOC, they will assist you.

Answer 9

If the phrase 'Is this legal?' pops up, you may need to consult an attorney. In this situation, you need to anyway. If you are eligible to use the FMLA for your situation, you would need an attorney to help enforce it. Also, it you force an employer to keep you, the working environment may not be what it once was.

Answer 10

Did you tell them, as soon as you knew, that you would be needing emergency time off.???

It sounds like your absenteeism has been a problem in the past.