Re: Time Off For Child's Death

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Your employer's actions, while not employee friendly or warm
and fuzzy, are not actionable in any way, shape, or form.

If FMLA does not apply, your employer can terminate you with
or without reason. Unless your company has a bereavement
policy spelled out which gives you a right to leave, you
don't have much in the way of recourse.

If you were being harassed at work due to your sex, race,
religion, etc you would have a case for a hostile work
environment. Your employer enforcing their attendance
policy doesn't create a hostile work environment, no matter
how good your reason is for missing work.

On 4/08/08, Joseph wrote:
> My wife and I lost our youngest son on Easter 2008. I
work
> for a small company in Buffalo, NY. I took off a total of
> 5 days all unpaid (of course). I was written up and told
I
> would be fired the next time I call in for any reason.
> They know my mother-in-law is dying of cancer and suffered
> her third heart attack the day after our son died. My
> father suffered a stroke two days ago and his recovery is
> also uncertain.
>
> FMLA does not apply, but this treatment seems as though it
> should be actionable under hostile work environment for
> mental cruelty - threatening to fire an employee for time
> off for the death of his child? Anyone?