Can my employer not pay me for my bereavement pay for my grandfather?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my employer not pay me for my bereavement pay for my grandfather?

I am a UAW union member and in our contract and employee handbook it is stated we will receive bereavement pay for immediate family, including grandfather… 3 days pay. It’s also stated to provide a obituary to prove relationship. My step-grandfather passed and I provided everything needed to be paid, including an obituary that stated I am a granddaughter to him. However, someone told management that I am not related to him, although I provided proof through the obituary. They are denying me my pay because of what they were told. Do I have any legal merit to receive this pay if I provided the documents that were asked for, no matter if they know he’s my step-grandfather or what they heard?

Asked on September 1, 2016 under Employment Labor Law, Michigan

Answers:

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

Answered 8 years ago | Contributor

Legally, in order to be considered to be a "relative", you would have had to have been related to your "grandfather" by blood or adoption. This is true no matter how close of an emotional bond that you shared with him. Accordingly, your employer has done nothing wrong in denying you bereavement compnsation pay since you are ineligible for it.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A step-grandfather is not legally a grandfather. It may have been as close a relationship as any grandfather-granddaughter relationship, and you truly may be as bereaved as any blood or adopted grandchild, but it is still the case that a step-grandfather is not a grandfather in the eyes of the law. If the policy only is for grandparents and does not say that it includes step-grandparents, then legally they do not have to pay you.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption