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Fired for death in the family

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lexi48

Member
What is the name of your state? KS

My cousin was telling me about a co-worker (also in KS). She said that where they work they are allowed x number of days off per year. Well this person apparently took her last week off to take care of her mother who was ill. Well that Friday, her mother passed away. She called to let her employer know that she would not be in the next week as she had to handle her mothers affairs, and the funeral. She was told she was not allowed to take any time off, even to attend her mothers funeral or she would be fired. Of course, there is no question as to what she did. I don't know if her employer called her that next week to tell her not to come back, or waited until she returned the following Monday. I thought most places have provisions for death in the family. Apparently they did not. Is what they did to her legal? Even if it isnt, I think it is very tacky to do. I guess I just cannot understand any company who would not allow a person to take time off to attend the funeral of an immediate family member. I am just curious. Thanks.
 


J

JETX

Senior Member
lexi48 said:
What is the name of your state? KS

My cousin was telling me about a co-worker (also in KS). She said that where they work they are allowed x number of days off per year. Well this person apparently took her last week off to take care of her mother who was ill. Well that Friday, her mother passed away. She called to let her employer know that she would not be in the next week as she had to handle her mothers affairs, and the funeral. She was told she was not allowed to take any time off, even to attend her mothers funeral or she would be fired. Of course, there is no question as to what she did. I don't know if her employer called her that next week to tell her not to come back, or waited until she returned the following Monday. I thought most places have provisions for death in the family. Apparently they did not. Is what they did to her legal? Even if it isnt, I think it is very tacky to do. I guess I just cannot understand any company who would not allow a person to take time off to attend the funeral of an immediate family member. I am just curious. Thanks.
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Was there a legal question in there somewhere???
If so, I missed it.
Though it may be 'tacky' and uncaring... they did nothing illegal.
 
cbg

cbg

I'm a Northern Girl
While I agree that it was tacky, it was not illegal. The law does not require that they provide paid, or even unpaid, time off, even for deaths in the family.
 
T

turbowray

Member
hi cbq a question

cbg said:
While I agree that it was tacky, it was not illegal. The law does not require that they provide paid, or even unpaid, time off, even for deaths in the family.
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cbq what good is the family medical leave act?? I was under the impression that it gives you a certain amount of weeks per year to take care of a sick family member or child or spouse?? Do you know anything about fmla?? Could the time off she took off to care for her fall within those guidelines and bereavement time be a different time off? Just asking for furture reference in case i am in the same boat. Oh and for the writer of this thread,i am sorry about this persons loss!
 
P

pattytx

Senior Member
The OP MAY have qualified for FMLA for the care of her mother while she was ill, if she met the requirements and the company was big enough to be subject and the situation was FMLA-qualifying. However, FMLA does not come into play once (cold as this may sound) the individual needing the care has passed.

Original poster, please answer the following:

1. Does your employer have at least 50 employees at your work site, or within a 75-mile radius?
2. Have you worked for this employer at least one year?
3. Have you worked at least 1,250 hours in the past 12 months?
4. Did you miss any other time relative to caring for your mother in the last 12 months?

Then, we can determine if FMLA may apply.

And, BTW, the poster said she was fired because she took time off to handle her mother's affairs. cbg knows a lot more about FMLA than I do.
 
T

turbowray

Member
ty patty

pattytx said:
The OP MAY have qualified for FMLA for the care of her mother while she was ill, if she met the requirements and the company was big enough to be subject and the situation was FMLA-qualifying. However, FMLA does not come into play once (cold as this may sound) the individual needing the care has passed.

Original poster, please answer the following:

1. Does your employer have at least 50 employees at your work site, or within a 75-mile radius?
2. Have you worked for this employer at least one year?
3. Have you worked at least 1,250 hours in the past 12 months?
4. Did you miss any other time relative to caring for your mother in the last 12 months?

Then, we can determine if FMLA may apply.

And, BTW, the poster said she was fired because she took time off to handle her mother's affairs. cbg knows a lot more about FMLA than I do.
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ty patty this is such a great site i came in thinking i knew something and i am learning things every minute from you guys!! Thanks again for the brilliant answers to our questions even though it may not be what we want to hear lol! Oh one more question, is there a bereavement law of some sorts, not for friends but for immediate family like mom brothers sisters sons daughters and spouses?? Can an employee tell you you cant go to your childs funeral? Thanks again this site rocks!!
 
B

BelizeBreeze

Senior Member
turbowray said:
ty patty this is such a great site i came in thinking i knew something and i am learning things every minute from you guys!!
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There are a lot of people who come here thinking they know something about the law.

Most don't learn they don't know squat. At least you're ahead of the game.

Read this and inform yourself.

FMLA
 
T

turbowray

Member
ty

BelizeBreeze said:
There are a lot of people who come here thinking they know something about the law.

Most don't learn they don't know squat. At least you're ahead of the game.

Read this and inform yourself.

FMLA
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ty belize i take that as a compliment....im at least a fast learner lol!!
 
T

turbowray

Member
turbowray said:
ty belize i take that as a compliment....im at least a fast learner lol!!
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belize do you know of any existing laws pertaining to bereavement leave?? Such as for this person to attend her mothers funeral?
 
B

BelizeBreeze

Senior Member
turbowray said:
belize do you know of any existing laws pertaining to bereavement leave?? Such as for this person to attend her mothers funeral?
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Patty, cb and beth are the employment law experts. I try not to involve myself with this area except for the reading I gave you.
 
P

pattytx

Senior Member
Nope, no law requiring bereavement leave. Unfortunately, it's not illegal for a boss to be cold and uncaring. Sorry.
 
B

BelizeBreeze

Senior Member
pattytx said:
Shoe fit, BB? :D
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Better than you think.

I've fired lazy, mean and stupid people a lot lately. But I also have people working for me who earn in excess of $130,000 a year ;)

That ain't bad in Tennessee and Arkansas
 
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