Employment Law Questions? Ask an Employment Lawyer.
Thank you for your question. Although I am an attorney, I cannot represent you. However, I will give you the most thorough information. Although it is unfortunate, your employer may terminate you under these circumstances. Although unfair, it sounds like your employer is relatively small. In which case, they are not required to provide FMLA leave or provide for provisions in this situation. Given the hardship that occurs to your employer (given the size of the staff) when you are absent they can terminate for this. This is not illegal or discriminatory, so you would not likely have recourse unless they have a policy allowing for this conduct but are choosing not to properly enforce that policy where you are concerned. To the extent that you are terminated, you may file claim for unemployment. To the extent that your employer attempts to argue that you are not entitled to unemployment because your actions resulted in your termination, you can argue that as a single mother you had no other options and that your employer acted unreasonably. The decision as to whether to award unemployment would then be left up to the unemployment authorities depending on the information they obtained from both parties to the claim.
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