Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Forced to resign Arizona

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Forced to resign Arizona

    Hi everyone I seem to be on here a lot with my job. Anyways I was teaching 2 nd grade in Phoenix when my brother went into the hospital from a diabetic coma on Aug 25th 2007 ans still has not woken up from. I was called out of work on Monday Aug 27th becuase the doctors found that there was Brain damage found on my brother. I took Tuesday and Wednesday off and call my Principal on Wednesday night to let her know that I was not sure when I would be back becuase of what they found out about my brother. The Principal said by law I have to give her a daye that I would be back. I said I was not sure we do not know what is going on. The primcipal said that I needed to resign then. My question to you all is do I have any rights here?I was under the imprision that I could have taken FMLA, but she said no. Is this right? Please help

  • #2
    FMLA only applies to an "immediate family member".
    http://www.dol.gov/esa/regs/compliance/whd/1421.htm
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      A brother or sister is not a qualified dependent under FMLA.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

      Comment


      • #4
        Further, what is required when you request a leave is likely spelled out in your contract or state regulations. We have the same thing here. If an employee is taking a non-FMLA leave, we need to file paperwork with the state for pension purposes even if it is for just one pay period. For the sake of continuity in the classroom, we do not permit (by union agreement) teaching staff to take off for undetermined amounts of time if it is not FMLA. Our LOAs are either for an entire year or a full semester. The reasons for this are many.

        I'm sorry to hear about your brother but you need to follow whatever your school system's procedures are for requesting leave or resigning.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment

        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
        Working...
        X