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Family Leave And Bereavement Pay

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lindagye

Junior Member
What is the name of your state? CALIFORNIA

I had to leave work suddenly as my sister was ill with cancer and had taken a turn for the worse and the family was told to gather**************..originally I was to be gone a week--In the midst of that time my sister died and we had to make the arrangements

this all happened over easter weekend so therefore in having to re-arange the flights coming back after the funeral the airlines wanted a fortune for flying on monday or tuesday so we chose wednesday as to help financially--my boss in the mean time called with a veiled threat of replacing me because in his eyes I was gone to long---

Can he do this?? Do I have a case of wrongful termination if he does try to replace me while I was gone?
 


Shay-Pari'e

Senior Member
Depends on many things. You were late getting back to work, regardless of what you were going through. I understand your circumstances, but don't expect your employer to understand.

Did you call your boss letting him know you were delayed?
 

Shay-Pari'e

Senior Member
OK, hold up a second. Did you have a round trip? If not, how can you expect your employer to have to put up with your absence.

Sorry for your loss, but you need to get with the HR on this.
 

ecmst12

Senior Member
It is my understanding, and confirmed by checking the US DOL FMLA page, that FMLA is to CARE FOR an ill family member. Bereavement or gathering in anticipation of death would not fall into this category. Further, "family member" is restricted to spouse, child, or parent. So this leave would not be covered by FMLA and it would be legal (though heartless and stupid) for them to fire you because of it.
 

cbg

I'm a Northern Girl
ecmst12 is correct. FMLA does not apply here, and no law in any state requires an employer to provide bereavement time.

I think your boss is a heartless jerk but he's not violating any laws.
 

lindagye

Junior Member
Thank You

He was a bit heartless and everything worked out as I suspected it would

I actually do the work of 4 people and knew in the back of my mind that he could not find someone to take my place so easily----no matter how hard he blustered

in the end I used my sick time and vacation time to cover while I was gone (he did not offer bereavement-putz) but all is as it was

me doing everyone elses job but hey a job is a job in this weird economy
 

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