Laid off due to being in the hospital with his wife and son.

My nephew was just laid off after being in the hospital with his son and his wife having surgery. He had called to let them know he had to go pick up his son from the hospital and also, had informed them that his wife was having surgery and would not be in. When returning back to work they told him he was laid off.

2 answers  |  asked Jul 29, 2003 09:54 AM [EST]  |  applies to Texas

Answers (2)

Margaret A. Harris
FMLA

The Family and Medical Leave Act was designed to help protect the jobs of workers when they have a serious medical problem (either their own or a family member's) that requires time away from work. Not all employers or all employees are covered, however. And, the employee must usually give advance notice of an intent to take the time off -- if the person has advance notice. Read about the FMLA at the website of Workplace Fairness, a not-for-profit charity. It is www.workplacefairness.org. And, best of luck to your nephew!

posted by Margaret A. Harris  |  Jul 29, 2003 12:53 PM [EST]
Trey Henderson
FMLA

The company may have violated his rights under the Family Medical Leave Act. If he had been at the company for over one year and the company had over 50 or 55 employees(not sure off the top of my head), then the FMLA would apply. According the the FMLA, he may be able to take some tme off for family medical emergencies. Contact the Department of Labor about his case.

posted by Trey Henderson  |  Jul 29, 2003 10:10 AM [EST]

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