Nottingham, MD asked in Employment Law for Maryland

Q: I was fired for calling out for a family medical emergency do I have a legal recourse?

I was on the last stage of disciplinary action, my wife had an out patient procedure and the next morning she started hemorrhaging badly. I called my supervisor and told him that I have a family emergency and I would need a to be out with his permission given the position that I was . He said OK but that I should bring all the necessary paper work when I come back, which I did. I was only gone for two days. A few days later I was terminated on the grounds that it was an unscheduled absence. I filed for unemployment and the case was investigated. At the end of the investigation it was determined that my calling out was of a necessitous nature. Do I have a legal recourse here or way of reinstatement? Thank you.

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1 Lawyer Answer
Joseph D. Allen
Joseph D. Allen
Answered
  • Hunt Valley, MD
  • Licensed in Maryland

A: Possibly- it depends on all the facts and circumstances, but the employer's action could be a violation of FMLA or the MD Sick/Safe Leave law. Employees faced with an unforeseeable medical emergency generally only have to give notice as soon as is practicable under the circumstances. But again- this area of the law is very fact specific.

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