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I had to call off today because my daughter was sick. This…

Customer Question
Hello. I had to...

Hello. I had to call off today because my daughter was sick. This is my first call off for this year and I have great attendance. My boss asked several questions giving me the impression she believed I was lying like "can't your husband watch her? What time does he go in? Are you planning on calling off tomorrow, too?" Is she allowed to question why I couldn't find someone else to watch my child?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Ohio

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I believe it's at will and I'm a part time employee

Submitted: 2 months ago.Category: Employment Law
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Answered in 3 minutes by:
12/13/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,657
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately yes, she can provided that your daughter was not covered by FMLA. The FMLA allows parents to take time off from work for situations where their child is suffering from a serious health condition. The typical illnesses that children face don't rise to that level. If we were talking about something requiring hospitalization of three days or a life long disabling condition, then you'd have much more protection here.

Without something like that, there actually is not legally protected right for a parent to stay home with their sick child (as dumb as that sounds). The employer can ask questions, try to get you to come up with another plan and even terminate employment if they wish.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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Category: Employment Law
Satisfied Customers: 19,657
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Experience: Employment/Labor Law Litigation

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