Can an employer deny time off for spousal bereavement because it has been 4 months since the date of death.

UPDATED: Jun 30, 2009

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Can an employer deny time off for spousal bereavement because it has been 4 months since the date of death.

a co-worker’s husand died in Mar. She took 2 wks off. She returned full time to a 33 employee MD office. She is struggling and now wants sometime of. Our office mgr denied her request until the end of summer so that other emploees could have their vacations and requested time-off. Is she eligible for family leave act? did she wait too long to reqest time off?

Asked on June 30, 2009 under Employment Labor Law, Ohio


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Unfortunately it appears this is all up to the employer in your state.  FMLA has nothing to do with it.  Try consulting with a labor lawyer in Ohio to determine case law loopholes.


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