When we are not busy with work, we are asked to go home and
When we are not busy with work, we are asked to go home and get off the clock. Our new Attendance policy is as follows. My question is, does this statement include being sent home early? Or does this required that we stay on the clock for 75% of the shift, which is how I read this statement. No where else in the document does it address this. The definition in the policy of "occurrence" is "either one unscheduled absence occasion or three unscheduled tardy of missed punch occasions."" Absence Occasion – An absence of one or more consecutive scheduled shifts (for the same reason) that was not requested or approved in advance is an absence occasion. Managers may “bridge” or count as one occasion, unscheduled absences where an employee returns to work but is forced to be absent within a week for the same illness.a. Any unscheduled early leave or late arrival that results in completing less than 75% of a scheduled shift, unless specifically covered under FMLA, Workers Compensation, Jury Duty, or Bereavement leave, is considered an unscheduled absence and therefore an occurrence."
Is an employer legally required to extend bereavement time
Is an employer legally required to extend bereavement time off to an employeeJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Is the employment agreement "at will," union, full time or part time?Customer: at will, full timeJA: Anything else you want the lawyer to know before I connect you?Customer: The individual in questions has no PTO time available. She has poor attendance
Trying to decide on if my case is able to be won,
Trying to decide on if my case is able to be wonJA: Have you documented this or discussed it with HR?Customer: Yes....prior medical condition documented with HR....mother passed....told them I may need personal FMLA again....was terminated when I tried to see whether or not I could returnJA: Is the employment agreement "at will," union, full time or part time?Customer: at willJA: Anything else you want the lawyer to know before I connect you?Customer: alot.....I took FMLA for a week in 2013....review listed attendence as a problem....took FMLA in 2015 (depression) I was demoted.....took FMLA in 2016 to care for mother in Hospice....my supervisor's supervisor said "if it is going to be too much why not put her in a nursing home....I was appalled. Mother passed Dec 26, 2016... took bereavement leave last week of 2016 (company allowed). Depression followed as well as strep throat....asked for new FMLA process. Doctor said should not return until Jan 12....tried to return to see if I could deal with it in wake of mother's passing.....was let go before any questions were asked.
I'm a nurse and have worked part time (two twelve hour
I'm a nurse and have worked part time (two twelve hour shifts per week) at a long-term care facility for the last 5+ years. My husband had a stroke on March 7, 2016, at which time I asked for an undetermined amount of time off to care for him. In communicating with the Director of Nursing (DON), I was told to take as much time off as I felt was needed. My husband died on March 29, 2016 and again I was told by the DON to take as much off as I felt I needed.When I called the DON approximately one month later to tell her that I would be ready to return to work in about two weeks or so, she said OK and to give her a call when I knew exactly what day. Approximately two weeks later, I again talked to the DON and told her that I wanted to be put on the next schedule. She said that she would tell the scheduler and I would hear from that person when she was working on the next schedule. Three weeks went by and I called and talked to the scheduler. She said she would do what she can. When I didn't hear from her for a week, I called to talk to her and was told that she was busy and couldn't be found. I was talking to the PR person who said that I am not on the schedule and that's all she knows.Last Monday I went to the facility to visit a resident and was approached by the new DON. He apologized for the way my situation had been handled and told me that I no longer have a job at that facility. I was being let go because they didn't need me anymore and that I was re-hireable, so if I wanted to apply for another position there would be no problem with being interviewed.In reading the employee handbook, I see that I am entitled to bereavement pay, which has not been paid or offered to me as of this time. There are several other issues that might need to be addressed, also.I would like to know if I have any recourse in this situation. I don't want my job back, but would like some compensation for the way I have been treated (ignored). I had planned on retiring in the next two years from that facility.More than anything else, I am saddened, upset and distraught with the disrespect and lack of compassion for me while I'm grieving the loss of my husband.Please advise!
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I actually need some information and clarification on the
I actually need some information and clarification on the FMLA. I just this past week filed a claim with the corporation I work for under the FMLA so that I could fly out of state and be by my mother's side in her final weeks. I have faxed the paperwork back in that was filled out by the doctor and am waiting for the claim to be processed. The company that processes the claims are a bit vague about the full process or perhaps I am asking the questions incorrectly...Once my mother passes away, the funeral home has told me that it will take approximately a week to get the documentation from the Medical Examiner so that the body can be released for 'processing'. I will have to supply necessary background information for the death certificate as well. The 'processing' will take up to an additional week. Now at what point does the FMLA claim end? I would not assume at the time of her death as I have to get things together and deal with the funeral home, but am unsure...
I have been working in NYC large international
I have been working in NYC for a large international corporation as an independent contractor since 2007. However, I receive a W2 instead of a 1099. Every week I work about 40+ hours, and the conditions of my work seem to mirror the IRS "employee" definition. I receive overtime pay, but not sick leave (until 2014, with the passing of the FMLA, accruing 1 hour sick pay for every 30 hrs worked), vacation time, personal leave, bereavement leave (my dad died in 2009), 401K contributions, holiday pay, medical leave (I was diagnosed with stage 3 breast cancer in 2014 and have worked as much as possible, using just my prescribed sick days, throughout my chemo, radiation, surgery and recovery), or other company benefits.Do you believe that I would have a valid case for recovering compensation for the benefits I've been denied during this time? It's only recently that I've felt up to addressing this issue and seeking advice. The company recently merged with another, and there's been a number of layoffs. It's likely that my department will be eliminated within the next year.I'd be grateful for your insights.Thank you.
I was terminated yesterday over the phone, from a company
I was terminated yesterday over the phone, from a company I worked for over 10 years and always been a model employee. I was investigated for some time taken off due to using bearvemnent even though it was not requested. I let my place of employment know that it was given to me not by my choice. They told me to today if I wanted to take any additional stuff I could today, i have worked for this company long enough that when they want you gone you are gone and the more they want you to go in is to trap you into saying something that makes you at fault, they sit you in a room with HR and the director and it makes you very uncomfortable. I need to know what I should or shouldnt do now. I left a message with Hr asking to have my personal stuff given to a coworker and asked if they would pull some personal pictures I have from my personal file from my computer of my kids. She keeps calling me back but I feel like it is a trap.
I had a brother that passed on Sunday I call them Monday to
I had a brother that passed on Sunday I call them Monday to my job and told them that I needed bereavement days off and some days off. I went into my job today with the meeting and they fired me over some attendance .and they never did even discuss any of my bereavement for the for the death of my brother would like to know where I stand as of now I have been with this company for 9 years. I had vacation and extended bank and I feel like this is leading up to situations that I have had in the past at this time I have had some harassment and sexual harassment with formal employee so it has been very stressful working there the last year and with a new supervisor also has harass me as well.