Can I be written up for calling in so that I could see my dad who had been rushed to the hospital?

I was supposed to work at 3:30  m and I got a call that my dad was in the hospital. So I called off work and told them why. The next day I was written up for it. Is that right?

Asked on November 29, 2011 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

"Right" and "legal" are two very different things.

For whatever it's worth, I personally agree with you--I don't think it was right. However, it was most likely legal. The law does NOT generally require employers to allow staff to take time off for a family medical emergency; the only exception is if the company and you are both covered under the Family and Medical Leave Act and you specifically took the time as FMLA leave. To be covered, the company must have at least 50 employees within a 75 mile radius; you would have had to work there on a full-time (more or less) basis for one year; and also, you have to request FMLA leave. If these conditions apply, you may not be punished for using the leave; but if they don't, the company can set it's own policy about when to write you up.


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.