Can I sue my husband’s employer for refusing to let him leave during a medical emergency?

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Can I sue my husband’s employer for refusing to let him leave during a medical emergency?

My daughter is severely ill and has a history of seizures. She had 25 seizures in 5 minutes and the employer refused to let him leave. He had our family car, our wallaroo, which is a special needs car seat for children with disabilities. It was 11 at night. I borrowed a phone to call him home, the medicine I had to give her for the seizures to stop was valium, and she needed to go to the hospital after taking this medication. There has to be something I can do.

Asked on April 20, 2018 under Employment Labor Law, Iowa

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Actually (and unfortunately), your husband's employer is under no legal obligation to release him form work to take care of a medical family emergency. Accordingly, unless he has PTO that he can use to cover his absence or he has the right to leave under the the terms of a union agreement or employment contract, you have no recourse here. In fact, if your husband goes without permisssion, he can be terminated.


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