Question about legality of City Government laying off employees for taking approved

[giraffebecky]

CONTINUED FROM SUBJECT LINE: time off? My dad's having surgery next month and the doctor gave him a note/order to stay home and rest for about 6 weeks.

One of his co-workers was laid off for taking not even 3 weeks off after the company FORCED HIM to use up his collected Vac hrs for the year, otherwise he'd lose them at the start of the new payroll year! (He never took vacation time, he was at work every single day! Was there early in the morning and stayed late if needed be most week days. He wasn't great with people, wasn't a team player! But he was reliable and he had been with them for 28 years! They were HIS LIFE!) So, he goes to his home country for about 3 weeks. Well, they flippin' laid him off before he even got back to the US!!! Turns out, he took them to court and ended up getting a settlement of just over $300,000!

Now, this guy's situation was different because he was using PERSONAL VACATION TIME, but still, my father's afraid to take the full recovery time off that his Cancer doc's recommending after having surgery...


What is the name of your state (only U.S. law)? UTAH (Was I supposed to leave this line - to the left - there? And answer the question? I did both...)

Becky

 

[ecmst12]

It depends whether FMLA applies. Does the employer have 50 or more employees within 75 miles? Has dad worked for them for at least 12 months and has he worked at least 1250 hours in the last year?

 

[Betty]

You might also let us know if your Dad missed any time off already for this medical condition or any other medical reason(s) in the past 12 months. Thanks.

 

[Hot Topic]

CONTINUED FROM SUBJECT LINE: time off? My dad's having surgery next month and the doctor gave him a note/order to stay home and rest for about 6 weeks.

One of his co-workers was laid off for taking not even 3 weeks off after the company FORCED HIM to use up his collected Vac hrs for the year, otherwise he'd lose them at the start of the new payroll year! (He never took vacation time, he was at work every single day! Was there early in the morning and stayed late if needed be most week days. He wasn't great with people, wasn't a team player! But he was reliable and he had been with them for 28 years! They were HIS LIFE!) So, he goes to his home country for about 3 weeks. Well, they flippin' laid him off before he even got back to the US!!! Turns out, he took them to court and ended up getting a settlement of just over $300,000!

Now, this guy's situation was different because he was using PERSONAL VACATION TIME, but still, my father's afraid to take the full recovery time off that his Cancer doc's recommending after having surgery...


What is the name of your state (only U.S. law)? UTAH (Was I supposed to leave this line - to the left - there? And answer the question? I did both...)

Becky

This is something for the adults to handle.

 

[ESteele]

You and your dad should read up on the Family Medical Leave Act (“FMLA”). (You may want to start with the DOL web site.) Assuming FMLA applies to the municipality which employs your father, he should request the paperwork from HR to request FMLA formally. If he is indeed covered by FMLA, the city would violate his rights under federal law to terminate him for taking leave in connection with said surgery.

FWIW, I would strongly recommend he put his health first and foremost here and do whatever his physician deems as necessary.

Separately, unless you read the court case file or other verifiable accounts about the coworker’s litigation, you should not put too much stock into hearsay accounts concerning his dispute with the city. With that said, you may want to endeavor to find out who represented the coworker in the unlikely event the city retaliates against your father for taking leave.