Canmy son’s employersuspend him for2 weeks without pay, if he took a couple of days off to take me to the hospital?

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Canmy son’s employersuspend him for2 weeks without pay, if he took a couple of days off to take me to the hospital?

This was a family emergency. Is this really legal?

Asked on March 8, 2012 under Employment Labor Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

IF your son and his employer were both covered the Family and Medical Leave Act (FMLA) and he specifically took FMLA leave for your medical care, then they should not be able to suspend him; however, if he did not take FMLA leave, not only could they suspend him, but they could fire him for being absent without authorization.

To see the FMLA criteria in full, go to the U.S. Department of Labor website. In brief:

1) The employer must have at least 50 employees, located within a 75-mile radius (smaller employers are not covered).

2) Your son must have worked there for at least 12 months, more or less full time.

3) The time off must have been necessary to care for you, or facilitate your care.


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