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fgs

Member
What is the name of your state?What is the name of your state?AL
Three months ago I was interviewed by a local company. When they expressed interest in hiring me, I told them about my situation with having to take care of a parent with cancer. I am the attorney-in-fact for all medical/financial situations. I told them that I would need to take this person back and forth to doctors because they were experimenting with new drugs and this person wasn't able to make any decisions. The prospective employers said I could take unpaid time off for those occassions during first 3 months and it wouldn't be a problem. After the parent started radiation treatments, the medical situation got worse and my manager ok'd my working from home during that time (about 3 wks). I kept him apprised of what was going on medically and continued the work at home mostly at night since the days were full of doctor and hospital appointments. I sent informational emails about the work during this time and clocked in and out. Last week my manager asked me when I thought I would be able to come back in so I told him that I had recently gotten someone to stay with parent and I could be back for 8/hrs day starting on day x. He said ok. He called back a day or so later and asked if I wanted to take a leave or a contract position (was full-time salaried). I said no, I'd work the 8/hr days since someone else was here now. He called back later and said "I think you should take the leave, and we'd hold your position until you got back." I again told him I'd rather just come in. The night before I was to go in, he told me that he did not have authority to allow me to work at home as he'd done (for the past 3 wks) and to go to doctor/hospital appts with parent. His manager told him that going to one doctor appt per month was unacceptable. I could accept the contract position they offered, or I could quit. I explained my situation at the beginning and took this job with everybody understanding the situation and agreeing to it. I did only what my manger told me to do. Now they seem to be saying they should not have agreed to it, so we want you to quit.
Is there any recourse here? In their policy manual, I had the right to have an unpaid leave or to take time off for personal or family sickness (unpaid).
Seems like the manual isn't worth the paper it is printed on, especially when I'm told that I'm not allowed to take time off for doctor appts. Comments please.
 


Beth3

Senior Member
Is there any recourse here? No. You are not entitled to any statutory leave as you have not worked for the employer long enough (mininum of 12 months.) The situation with your parent worsened after you were hired and apparently they've decided this just won't work any longer.

In their policy manual, I had the right to have an unpaid leave or to take time off for personal or family sickness (unpaid). And they have extended a considerable amount of time off work to you (whether paid or unpaid) and allowed you to work from home as well. I imagine the policy doesn't say employees can take an unlimited amount of time off, especially new employees.

This situation is very unfortunate and I feel for you but this employer has been far more flexible they they are required to be. If they wish to terminate your employment, they may.
 

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