Legal Question in Business Law in Minnesota
Policy on dismissal for attending children's Dr. visits
Can a company dismiss you for attending your children's doctor visits? Even if you provide proof from the Dr. that you were there.
2 Answers from Attorneys
Re: Policy on dismissal for attending children's Dr. visits
It depends on a lot of things. In general, employment is "at will"--meaning employees can be fired for any reason or no reason at all. An employment or union contract requiring "cause" for removal, however, will sometimes provide for employee rights in these circumstances.
In addition, if you have worked for the same employer for the past 12 months, and have put in at least 1250 hours with that employer in the past 12 months, and if the company has more than 50 employees and is engaged in a business that affects interstate commerce, then you may have rights under the Family and Medical Leave Act. That Act gives you the right to take time off from work to tend to your sick child, which would include taking your child to a doctor. However, the Act also requires employees to give advance notice to the employer. In most (but not all) cases, 30 days advance notice is required. The employee must make reasonable efforts to schedule the appointment at a time that will not unduly disrupt the employer's operations; otherwise, the protections of the FMLA are forfeited. See 29 U.S.C. Sec. 2612.
Re: Policy on dismissal for attending children's Dr. visits
If you are an at will employee, you can be dismissed for any reason, or no reason ( unless the reason is illegal,e.g. discrimination etc.)
Being absent without employer consent for a doctor's appt would be a legal reason for termination.
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