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Suspended from Work Due to Death in Family

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  • 04-19-2009, 08:19 PM
    Pixie13aby
    Suspended from Work Due to Death in Family
    My question involves labor and employment law for the state of: Florida

    Is there any law that protects you from being suspended for attending your mother in laws viewing and funeral? My husband works a part-time server job for the past 11 monthes. My mother was ill and 3 weeks ago she was told that she only had a week to live. My husband was scheduled to work but informed his boss prior that he was going through some tough times and might need to leave or be rescheduled for certain shifts if anything came up. His boss told him he understood. Throughout her care, my husband continued to work but the day before her passing, he told his boss that he needed the next day off and got another server to cover his shift. That following day he was also in contact with his boss that he would not be in that week because of funeral arrangements and the funeral. On the day of the viewing, he left his boss a detailed message on his voicemail stating he could not work that day because of the viewing. His boss then text him at the viewing that he needed him to come in regardless. The next day he went to work to talk to his boss and to collect his paycheck and his boss suspended him for 2 weeks because he missed work. We are just wondering what the law is here for this kind of situation.
  • 04-19-2009, 08:48 PM
    cbg
    Re: Suspended from Work Due to Death in Family
    There are no laws addressing bereavement time. It is not required by law and no, there are no laws protecting an employee from suspension for taking time without permission.

    Your husband's boss is a heartless jerk but he did not violate any laws and the suspension was legal.

    I'm sorry for your loss.
  • 04-20-2009, 12:39 PM
    BOR
    Re: Suspended from Work Due to Death in Family
    Quote:

    Quoting Pixie13aby
    View Post
    The next day he went to work to talk to his boss and to collect his paycheck and his boss suspended him for 2 weeks because he missed work. We are just wondering what the law is here for this kind of situation.


    According to this chart, even though from 2000, FL does NOT even recognize a "good faith and fair dealing exception" to at will employment.

    If they did, I would say it may pay to consult an attorney.


    http://www.bls.gov/opub/mlr/2001/01/art1full.pdf


    It is most probably legal, although such behavior is so egregious, as the Supreme Court says in some rulings, it "shocks the conscience".


    I pity the employer who does such to me when my sainted mother dies and I want time off.
  • 04-21-2009, 12:44 AM
    Betty3
    Re: Suspended from Work Due to Death in Family
    This falls in the unfair & boss being a jerk category but not illegal.

    I'm sorry for the loss of your mother.
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