Vacation is willful misconduct?

[arkgirl39]

What is the name of your state (only U.S. law)? Florida.

I had permission to take a vacation for the week of Thanksgiving. I also had permission to take a week off at Christmas. Unfortunately, my husband was very sick right before Christmas. He had to have emergency surgery, so we weren't able to go on our Christmas vacation.

I told my boss we would just take the vacation in the next couple weeks, after my husband is up to traveling. She said I can't go. Or at least, if I do, it will be grounds for firing me because if I'm gone for another week, that will make me being off for 50% of the time in the last two months. She said that she didn't mind getting me covered for the planned vacations, and even for the emergency, but that insisting on still going on the vacation after they have already covered me so much will be considered willful misconduct . She said she is putting me on notice that my continuing absence is negatively affecting my coworkers because they have had to do so much of my work since the middle of November, and one other employee did end up canceling his vacation because I wasn't there during the emergency. Can she really fire me for this? If she does, I know if I get fired for willful misconduct I can't collect unemployment. Will the state really consider this willful misconduct if I go on a vacation I already have permission for but that was delayed because of an emergency?What is the name of your state (only U.S. law)?

 

[goddessoflubboc]

Yes, they can fire you.

The permission for the vacations was based on you being there your normal times in between.

You took unexpected time off when your husband got ill - but they worked around your absences and someone else even had to cancel their vacation to do your work.

Your employer schedules people based on the needs of the business - needs/wants of the employees will always take a far backseat to that.

 

[commentator]

Willful misconduct is loosely defined as something that you had control over, and chose not to do the "right thing" or the thing your employer asked you to do. In other words, if she says "I do not want you to take this vacation. You have been out a really long time this month already. It will put our operation in a bind. If you take this vacation I will terminate your employment," and you go on and take the vacation, you are fired. Legitimately.

Your unemployment insurance will very likely not be approved under these circumstances. Absences due to illness, yours or a family member, with a doctor's statement, are not considered misconduct. If you were fired for being off with your husband, you'd probably be approved to draw benefits. However, vacation is a privilege to be given at the discretion of the employer. It is not a right, or a protected benefit.

 

[cyjeff]

I urge you to look at this from the perspective of the other workers.

Another worker had to cancel a vacation in your hour of need. How would you feel if you did that and then the person you helped then went on their own vacation?

If anyone, the person that cancelled is the one owed a vacation.