QUESTION
Could I get fired because my daughter was in the hospital and I needed to take care of her?
Asked on Jun 25th, 2015 on Labor and Employment - New York
More details to this question:
I told my job I needed time off because my disabled daughter was taken to the hospital. She had reactions from the medicine and had to stay two extra days. I got a doctor's note and I called everyday to tell them. She got out today and I went to check my schedule and they told me I was let go.
4 ANSWERS
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It is possible that your absences were covered and protected by the Family & Medical Leave Act. I handle a substantial number of FMLA cases.
Answered on Jul 07th, 2015 at 3:09 PM
I am assuming you are in Georgia. If not, resubmit your question, and identify your state. In GA, it is legal to fire you for this. But, you should receive unemployment comp, which is the consolation prize. This is the GA law: An individual shall not be disqualified for benefits if ... the discharge occurred because of absenteeism and the absences were caused by illness of the claimant or a family member, unless the claimant has without justification failed to notify the employer Since you got a doctor's note and called everyday, you did not fail to notify the employer. Therefore you are not disqualified from UI benefits in GA. If GA DOL denies unemployment, you should contact me.
Answered on Jun 26th, 2015 at 10:04 AM
It depends on whether you are eligible for FMLA. An attorney would need more complete information to determine if your rights would be violated by being terminated.
Answered on Jun 25th, 2015 at 8:42 PM
Have you applied for an FMLA?
Answered on Jun 25th, 2015 at 7:29 PM