Fired because of childs Doc. Appiontment

[merv]

My Girlfriend was fired because she had an doctors appiontment
for ower son. Like all children they require check up for shots etc.
The fomer store manager new of the apps. and like before they were granted. The Days off requested were always turned in on time (months in advance). Other members of management were aware also. The store manager got transfered to another store and handed over the Day off requests. After Inquiring about the days off she was told that they didnt have to honor the request. So without final word for the days of request she was terminated because of No call No Show.

Please help do they have a right to do this!
Merv

 

[Beth3]

Yes, they do. It may not be fair since the appointments had apparently been approved by the prior manager but the new manager didn't have to honor those. Nor is an employer obligated to provide time off for routine doctor's appointments.

On her next job, it would be a good idea for your girlfriend to make these appointments outside her scheduled work hours.

 

[merv]

another question!!

Isnt that under the Family Medical Leave Act

 

[NYClex]

I wish, but no. This is a summary of the FMLA:

Synopsis of Law
Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.

First of all, not all employers are covered under the act, not all employees are eligible either, but the main point here is that a routine doctor's appointment for a checkup is not a "serious health condition." If the kid had been seriously ill and the mother had to go and see a doctor because of that, it would be different.

 

[cbg]

NYClex is quite right; a routine appointment is not protected under FMLA. However, there are just a few states (mine is one of them) where qualifying employees of qualifying employers are entitled to x number of hours for a child's school activities or a child or elderly parents' medical appointments. IF she lives in one of these states, she MAY (depending on whether both she and her employer qualify) be entitled to such time. If you want to post your state (hers if it is different) I can tell you whether such a state law exists or not.

 

[merv]

I we live in South carolina cbg and NYClex


every 3rd month vaccins are not covered under FMLA!

sorry for sounding repetative just trying to clarify

if not the law should be changed.

The owner operator did not want us around anymore anyway thats why all of us were weeded out, forced out, and fired. A total of 15 employees worked at Mc D's for and average
of 9 years. And all of us were minority 13 blacks 1 mexican 1 philipinno. She bought our store plus 3 more give her a total of 8 stores and all of her stores have had problems like this. Maybe one raise in the 2 years she owned the store. Now that we are gone people are getting .25 or .50 raises. We all felt like we were being descriminated against. I hope there is something that can be done about that!

please help

 

[cbg]

Doctor's appointments for vaccinations are not covered under FMLA. Doctor's appointments for ANY routine care are not covered under FMLA. Here is a link to the definition of a "serious health condition" under FMLA, and which also includes some reasons that are NOT covered. You will notice that "routine care" tops the list of NOT covered.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.114.htm

The state of SC does not have any mandated time for doctor's appointments or school activities.

Firing her for missing work for her kid's doctor's appointment is legal. I suggest that in future she make appointments for weekends or evenings.

If she feels that there was a racial reason behind it she is free to file a complaint with the EEOC.