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What can I do

I was employed with this company for 7 almost 8 months and my son became ill and
he was admitted to the hospital for 5 days during November the week of
Thanksgiving, I requested a short leave of absence for my son’s recovery and the
employer said that no they couldn’t hold my position open for that long his
suggestion was look for other employment.

Asked on March 29, 2017 under Employment Labor Law, California

Answers:

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

Answered 4 years ago | Contributor

Unless you had available PTO (i.e. sick or vacation days) to cover this time or you were eleigible for leave under the FMLA (Family and Medical Leave Act), you had no coverage for your absence. Accordingly, no matter what the reason, taking unexcused time off from work can lead to termination. The fact is that unless you had protection under a union agreement/employment contract or your treatment constituted some form of actionable discrimination, you could have been fired for any reason or no reason at all. Thisis known as "at will" employment.


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