What to do if Imiscarried my son and my boss wants me at work ASAP or else?

UPDATED: Jan 5, 2012

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What to do if Imiscarried my son and my boss wants me at work ASAP or else?

I’m not able to mourn or plan his memorial. I’m feeling forced to return; she has not verbally talked to me just sending messages through family.

Asked on January 5, 2012 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, you most likely have to return to work, or accept the connsequences. The law generally does not require employers to grant bereavement or compassionate leave. While there are some laws (like the Family and Medical Leave Act, or FMLA) which require employers to allow medical leave, for an employee to care for herself or her family, or for childbirth, those laws only apply to larger employers for the most part (FMLA only applies when there are at least 50 employees) and, in addition, it does not appear that they allow time off for mourning--only for actual (significantly serious) medical conditions or to care for a newborn.

In short, while allowing you time would be the compassionate thing to do, it does not appear that the law requires this.

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