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Can she be compensated per precedent?

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jsmooth1978

Junior Member
Virginia
Question 1: My aunt was recently diagnosed with brain and lung cancer. The company she has worked for was notified via email and hard copy that she will be taking 6weeks per the medical leave act with the option of more time if treatment should slow her return. In that same notification she requested 5 personal days. This letter was sent 2/23. Her employer responded 2/27 with the indication that he knew she was awaiting biopsy results and that hes was "sad because the business and bookkeeping and office is in a state of disarray. Unfortunately this has been a recurring theme with us for many years for numerous reasons. You and I agreed that afternoon in Richmond that we were both committed to work hard together and get things right. That did not happen. I am now faced with starting a new season without my # 1 in the office." This company was at the time beginning an IRS audit. That audit showed that all was in order and there was no case for action. Which shows his statement to be a lie. As of 3/9 she has not received her personal leave nor has there been communication from the owners or there representative that she is not entitled to the pay. What is her next course of action? What is she entitled to?

Question 2: Within this same office there was another employee this past year who was taken ill suddenly. She was hospitalized. There is no hospitalization program available to employees. She was paid weekly while in the hospital. Her father is one of the owners. This compensation was not from his personal funds but that of the company. Does this set a president that employees should be compensated? Does the company have a legal obligation to compensate her now?
 


ecmst12

Senior Member
FMLA is unpaid time. They are required to give her the time off if both the employee, the employer, and the condition all fall under the law, and they are required to give her job back as long as she returns when the 12 weeks are up or before. But they are not required to pay her for the time.
 

jsmooth1978

Junior Member
Not Demanding

I have 2 kids screaming and research paper going a phone ringing and an aunt who raised me laying in a hospital while i try to grasp at straws to make sure she doesn't loose her house. I did not mean to be demanding. just to the point. thanks for the help.
 

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