What to do if I received a write-up because I requested a day off due to not having childcare because of the holiday?

UPDATED: Dec 27, 2012

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What to do if I received a write-up because I requested a day off due to not having childcare because of the holiday?

My request off was denied so I called in that day. When I came back I was written up stating, “You chose to not come in to work after your request was denied”. I had outlined in detail the reason for me not being able to come in and stated this to the manager. Company policy allows the manager to decide if any disciplinary action should be taken or not. Later she stated that I’m always out because of my current pregnancy and my 4 OB visits in the past 4.5 months was too much. If I get fired, will I be able to get unemployment or be able to take legal steps?

Asked on December 27, 2012 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You could have been fired on the spot, so you actually got off lucky. The law does not require employers to give employees days off, even for very good reasons, like not having childcare available--quite simply, the employer does not legally need to care about your child-care situation. By calling in after your request was denied, you had an unauthorized absence and also violated the instructions or policy of your employer. You could have been fired for cause for both or either--if you had been fired for cause, you would not be eligible for unemployment benefits. Therefore, if you are fired in the future for unauthorized absences or disregarding policy or instructions, youl would not receive unemployment.

The law does not let employers discriminate against women due to pregnancy. But that does NOT authorize the woman to decide when she will or will not work. If a pregnant woman is excessively absent or late, absent or late without authorization, etc., she can be terminated.

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.

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