Q: Is it Illegal for a workplace to write you up when you have to miss work to take your spouse to the ER.
My son and I got extremely sick and i couldnt drive so my spouse took me in and had to call off work until I got out (we only have one car work knew about the situation.) They wrote him up for calling out even though we presented medical paperwork.
A: It depends on whether the employer has at least 50 employees. If your spouse is an employee with more than 12 months of service with the employer, and who has at least 1,250 hours of service with the employer during the previous 12-month period, then he is entitled to family and medical care leave to take time off work to help you and your son see the doctor for a serious medical condition. Employers who do not employ at least 50 employees are not compelled to offer the same medical and family leave. But check with an experienced lawyer knowledgeable on Family and Medical leave (FMLA) issues to give you more clarification.
A:
The answer to your question will depend on facts not included in your post. There are circumstances when it would be unlawful, and others where it would be lawful.
From a practical perspective, fighting a write up is likely not a prudent move, but if that write up becomes the basis of a more serious adverse employment action, you might want to seek out a consultation with an experienced employment law attorney.
Good luck to you.
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