wrongly fired?

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noahbella_2

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I am a daycare provider and one of my babies I watch is having surgery. Her Mother has been with her company, as a sales person basically working her own hours as long as the she meets her quota, has a company car and has been a top employee for 6 months. her daughter is having surgery on her skull, it is major reconstructive surgery. The doctor said she can not attend daycare for 4 weeks. Her husband and her decided to work half days and rotate who is home with the baby. She asked if this would be ok to do, and they said they would let her know. They call her in the middle of the surgery and tell her it is not ok and she is fired. They give her no options and ask her to write a letter of resignation. She called me so upset and by no means did she quit her job. What are her rights?
 
Well my first question is whether or not she is protected by FMLA? If she has been employed with the company by at least a year and they have at least 50 employees, they are obligated to give her FMLA.

Her best bet is to see an attorney that specializes in employment law to see if she has any recourse.

Here is some info on FMLA

http://www.allbusiness.com/employment/compliance/1088
 
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