If report absence to employer daily due to caring for ill mother, is this viewed as job abandonment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If report absence to employer daily due to caring for ill mother, is this viewed as job abandonment?
My mother feel ill about 3 weeks ago. I reported my absence daily via email using work email. My supervisor sent texts to my personal cell phone about meetings. They also sent work emails expressing concern about my absence. I responded with an email stating that I have documents to verify my absence and I would be absent that day. I am a union member but my union has not not helpful. This supervisor is a former grievance chair in the union but has intimidated, bullied and mistreated me as a co-worker.
Asked on December 1, 2016 under Employment Labor Law, Louisiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless you used PTO (i.e. sick days or vaction time), there is no inherent right for an employee to take off from their job duties, even if it is to care for an ill family member. The fact is that in an "at will" work relationship, a company can set the condtions of the workplace much as it sees fit. Accordingly, absent an employment contract/union agreement to the contrary, or some form of legally actionable discrimination being the reason for your treatment, is was perfectly permissable.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It does not matter that you reported your absences or had a good reason: if you were absent from work without using paid time off (e.g. sick leave) for it, this was an unauthorized absence and, subject to any discipinary process or procedures in your union contract (the employer must follow the terms of a union agreement), you can be terminated (or if the employer chose instead, and the union agreement permits, demoted, suspended, pay cut, etc.) for it. There is no legal right to take time off to care for your mother, so if you did not use paid time off, you can be sanctioned for this.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.