friend works in a nursing home , he asked for vacation in the beginning of november(5th) and got word today ( a month later) that he may not fly to Europe in 3 days(has had tickets)! he was not informed on time , regarding his denial of vacation! he has FMLA still available because of terminal illness !
what is a employers obligation regarding this!
2007-12-06 15:48:33 · 5 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment ➔ Law & Legal
tell him to quit that sucky job,if he works in the healthcare industry he can get work any time he likes ,and usually with a good sign on bonus,if he lives here in the u.s.
2007-12-06 16:30:41 · answer #1 · answered by joe c 6 · 1⤊ 0⤋
Vacation is not mandated by law -- it's a gift employers provide to their employees. It does not have to be granted and it was not wise of the employee to buy tickets prior to getting vacation approval. He can be terminated for not showing up to work.
It's likely FMLA will not be granted either because treatment wouldn't have to be in Europe when some of the best medical facilities in the world are right here in the US. It would not have to be approved to go overseas. He already filed for vacation -- it would be hard to prove it was suddenly a trip due to his illness. He would look like a liar which would not help his case.
Your friend may have to risk termination to go on the vacation. He can always re-apply for his job when he returns, or find work elsewhere.
2007-12-07 01:45:46 · answer #2 · answered by leysarob 5 · 0⤊ 0⤋
Well, that stinks. It might be legal, but still a pretty lousy way to treat somebody. It wasn't sensible to buy tickets before the vacation time was approved, but it certainly would have also been reasonable for the employer to approve or disapprove it within a week or so at most from when it was requested, not a month later. All that said, the employer is within his legal rights to approve or disapprove the requested vacation time.
If he's going to Europe for treatment for his illness, then he could use FMLA time for it. If it's a vacation, then no he can't.
2007-12-06 15:57:09 · answer #3 · answered by Judy 7 · 1⤊ 0⤋
The employer is not obligated to grant vacation time, but it must comply with FMLA if your friend claims a terminal illness. Not sure if it would be appropriate to do so under these circumstances.
Worst case scenario is to rebook the tickets and try to find a better time to fly out.
2007-12-06 15:53:33 · answer #4 · answered by Andre 7 · 1⤊ 0⤋
If the trip to Europe is to treat the illness, the employer can't terminate the employee for pursuing their treatment. Otherwise - in most states, and under most circumstances - employment is at will, and the employer can quit or be fired with no legal recourse to either party. Your friend should talk with your state's labor commissioner.
2007-12-06 16:08:59 · answer #5 · answered by Anonymous · 1⤊ 0⤋