Family Medical Emergencies?

[SCruz82]

What is the name of your state? Tennessee.

My fiance is at work while I am home alone with our premature, newborn daughter. Prescription medications acquired this morning for a present medical issue are causing me to be lightheaded, dizzy, and vomiting to name a few. I can barely stand safely, let alone care for our daughter presently. Her employer is threatening to fire her if she leaves work(Approx: 2hrs early) to come home and care for our daughter.
Does this constitute a family and/or medical emergency?
Is there grounds for a case to be filed against her employer if they fire her for leaving to attend to our newborn?

She works for Red Lobster, they easily have more than 100 employees within 75 miles. She's been there for a couple months, without any issues thus far.

 

[Just Blue]

What is the name of your state? Tennessee.

My fiance is at work while I am home alone with our premature, newborn daughter. Prescription medications acquired this morning for a present medical issue are causing me to be lightheaded, dizzy, and vomiting to name a few. I can barely stand safely, let alone care for our daughter presently. Her employer is threatening to fire her if she leaves work(Approx: 2hrs early) to come home and care for our daughter.
Does this constitute a family and/or medical emergency?
Is there grounds for a case to be filed against her employer if they fire her for leaving to attend to our newborn?

She works for Red Lobster, they easily have more than 100 employees within 75 miles. She's been there for a couple months, without any issues thus far.

There is no other family member or a friend that can assist with your baby?

 

[adjusterjack]

Does this constitute a family and/or medical emergency?

Yes. Enough of an emergency so that you should dial 911 and let the paramedics check you out and stabilize you.

Is there grounds for a case to be filed against her employer if they fire her for leaving to attend to our newborn?

No. But she should be able to collect unemployment.

She's been there for a couple months

Then she's likely on probation.

If you don't want her to lose her job and can't stick it out for 2 more hours, call 911 and get help.

 

[PayrollHRGuy]

She's been there for a couple months, without any issues thus far.

Then she doesn't qualify for FMLA protection.

 

[eerelations]

Then she doesn't qualify for FMLA protection.

Unless she's worked 1250+ hours in those couple months. But I kind of doubt that. (That would be 125+ hours per week, or 17+ hours per day if she works a seven-day week!)

 

[cbg]

The criteria for FMLA are four: ALL of the four must be met.

1.) The employer must have a minimum of 50 employees within a 75 mile radius of the employee's workplace
2.) The employee must have worked for this employer for a minimum of 12 months
3.) The employee must have worked a minimum of 1,250 hours for this employer
4.) The employee or a qualified dependent/beneficiary (spouse, parent, child - fiance does NOT qualify) must have a serious health condition as defined by the statute.

As the employee has not met #2 for sure, it is questionable if the employee has met #3, and I could make an argument both for and against #4, it appears that only one of the 4 criteria has clearly been met. Since FMLA does not apply unless all four are met, the employer will not have violated any laws if she is fired. I hope she isn't - I don't like employers who can't take personal circumstances into consideration. But it will be legal if she is.

 

[PayrollHRGuy]

Unless she's worked 1250+ hours in those couple months. But I kind of doubt that. (That would be 125+ hours per week, or 17+ hours per day if she works a seven-day week!)

I doubt RL is letting EEs get 40 hours per week much less 125+.

 

[cbg]

Besides, it's not 1250 hours OR 12 months. It's 1250 hours AND 12 months.

 

[PayrollHRGuy]

Besides, it's not 1250 hours OR 12 months. It's 1250 hours AND 12 months.

I know. That last comment was more of a shot at RL than reply to @eerelations

 

[LdiJ]

What is the name of your state? Tennessee.

My fiance is at work while I am home alone with our premature, newborn daughter. Prescription medications acquired this morning for a present medical issue are causing me to be lightheaded, dizzy, and vomiting to name a few. I can barely stand safely, let alone care for our daughter presently. Her employer is threatening to fire her if she leaves work(Approx: 2hrs early) to come home and care for our daughter.
Does this constitute a family and/or medical emergency?
Is there grounds for a case to be filed against her employer if they fire her for leaving to attend to our newborn?

She works for Red Lobster, they easily have more than 100 employees within 75 miles. She's been there for a couple months, without any issues thus far.

I am sorry that you are dealing with this situation. I understand where you are coming from. Nevertheless the employer can fire your fiance if she walks out without permission. The two of you need to decide if the situation is such that the baby is unsafe and she MUST come home even if it means losing the job.

 

[commentator]

And, may I put in, whether or not she'd be able to qualify for unemployment insurance is dependent on two factors here that have not been touched on. First of all, if she has only been working for a few months, and we assume she perhaps wasn't working during the pregnancy, or if she had not been working during the last 18 months/two years for a covered employer, there would be no unemployment insurance claim for her to draw, regardless of the reason for termination. You either have enough money to set up a claim in the base period from covered employers, or you do not.

And then, if she is terminated for absenteeism during her probationary period, and the last absence is not a medical situation WITH A MEDICAL/DOCTOR'S EXCUSE, regardless of what she explains is going on at home, she would not likely qualify for unemployment insurance. While you may have already been seeing lots of doctors, may know exactly what was wrong with you, and what to do for it, already have the medications, and do not feel that you need to see a doctor for it again, no doctor's statement = no unemployment sanctioned excuse for the absence in almost all cases. And the employer, of course, has no requirement that they not terminate you, even if you have a book of medical excuses.

The problem is, neither the employer not the unemployment system is obligated, or even motivated to help you out because you're having a very hard time, have an ill premature baby, have child care difficulties, etc. The job, and the whole unemployment system as well, are not about meeting your needs, giving someone a break when they're having a hard time, being in sympathy with workers. The employers just want people there at their business to sling that seafood, they don't care what is happening in your world. The unemployment insurance system is very strictly governed by qualification statutes, it is not needs based.

And unemployment is a strictly employer funded insurance-like situation which requires that you be out of work through no fault of your own, and able and available for full time work while you are drawing it. Personal situations where you have lost a job for a medical emergency reason, with a verified medical statement may be an approved unemployment claim, but you also have to verify that you are able, available, fully willing to immediately accept another equivalent position. So until you get some back up babysitting arrangements in place, it probably won't be something you would be able to count on her qualifying for.