missing work for a child in the hospital.

by Susan
(Tampa, FL)

My son has a few medical conditions from birth that he has been in and out of hospitals and emergency rooms for. My last store manager was understanding of this but the new one is not. Also while all this was going on they changed my store to one that is more than an hour from my home but I dont make enough to cover the gas to even get there much less pay bills. Would I qualify?




Susan,

The first question I always have to ask is "are you eligible for intermittent FMLA" or have you exhausted FMLA?

Comments for missing work for a child in the hospital.

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Mar 29, 2010
FMLA
by: Susan

I have been working for this company for less than 1 year but more than 6 months. We are in Florida.


I guess I'm confused .. because of the title.

"missing work for a child in the hospital" it sounds like a lead in to someone who got fired.

If you quit because you have to take time off of work to take the child to the hospital or stay with the child in the hospital .. you will raise an able and available issue. But if your child has some sort of disability .. you need to talk to an attorney about the employer's actions of moving you to a different store .. because that sounds like an employer trying to force you to quit.

If it were me .. I would continue to keep the employer informed and continue to request time off when it was needed .. and just let them fire me.

I of course would have all the medical documentation and the documentation I have provided to the employer to explain what was going on as well as something addressing the reason they moved you so far away from home to work especially if this is what made visiting your child more difficult.

You can see that I have had to assume facts .. and that is never a good idea .. because it would be easy for someone else to get the wrong idea.

Case by case Susan, it's all the same rules applied to "individual cases".


Aug 17, 2016
No choice
by: Anonymous

I am part time working single mother of two boys. I have been with the company 9 years going part time 3 years ago due to raising children alone. Recently my sitter of 7 years abruptly unexpectedly just up and lost it left me with no one in the middle of a wirk day which I had to leave. I explained to my employer that I would not be able to work the next 2 days but would return at 100% I was apologetic sincere and honest. My employer told me I am expected at work he will not fire me but if do not show in the morning he would assume I quit!! I said no I will not quit my job but my hands are ties and I will continue to find replacement if not I had planned to be at work that Monday unless otherwise told. I called my employer and told them I had child care until 12pm and I'm more than willing to come in. However if I leave at 12 I will be consider quitting. What do I do my family is out of town school starts Monday this will be resolved immediately. Do I qualify for Ohio unemployment benefits.

Aug 17, 2016
Prove there was no choice
by: Chris - Unemployment-Tips.com

I understand that you would prefer to keep your job and according to the information you provided, you have been making efforts to preserve the working relationship of nine years after experiencing the hardship of a sitter that up and left you without any care, let alone responsible care for your two boys by having conversations (I'm assuming) with an unreasonable boss, or business owner about the situation.

Frankly he can say you quit all day long, but the fact remains, this is the sort of thing I've persistently explained to employees.

You must guard against the perception you quit, by documenting to verify what you communicate to a boss, or business owner to rebut (which is just a different thing to prove) it was they, not you, who didn't use a lick of good sense when not allowing your REASONABLE efforts to preserve your job, thus creating an issue that often has to be resolved and answered by the department ..

Did the claimant voluntarily quit with good cause, or did the employer discharge the claimant for work misconduct.

For an employer to show fault when discharging a person for anything less than egregious enough that anyone would know they would be fired for, they document instances of misconduct through written warnings (documents). Usually, the last one has the header of "final written warning" and is a termination notice.

But you can do a similar thing, to prove your story is the credible story later on for the Ohio unemployment department by using email to communicate with the employer.

Or, you might visit the Ohio Unemployment Law Abstract (link is on the resource page with the OH UI laws) to see if you can find a reference to a situation where the department found that when no choice is given by the employer, but to quit .. it's supposed to be adjudicated as a discharge.

Of course if employees knew this while crap is happening, they might keep their eye on the ball and document so they can prove they didn't quit .. or did, but the did so through no fault of their own due to circumstances reasonably held to be .. beyond their control at the time.

Good luck to you .. because I too was once a mother and I can tell you, no job, no boss, no one could of reasonably expected I would put my job first, before meeting my responsibilities as a mother to care for my two boys (men now;)

Even if I didn't end up with benefits .. because I didn't know what, or how to prove a fact back then.

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