Wrongful Termination??

My husband missed 2 weeks of work due to our infant son being in the hospital. Can they fire him for this? If it matters, I live in Texas. Thanks for any insight.

[able1]

Could he not work and be at the hospital the rest of the time. What actually happened and what did the employer say or do about this at this point?

We have 4 children so when our youngest came down with pneumonia I had to stay up at the childrens hospital with him. There was no one available to tend our other 3 children so my husband had to stay home to take care of them.

So far they are trying to force him to take a cut in pay and be "on probation" because the hospital discharge papers weren't enough for them. I called the DR my son had and her office was going to sent more information regarding when he was admitted and discharged. So we will have to see what happens from here.

I woud think they will compromise with you once they have that evidence.

But you do have to try to work with them on getting all info etc. to them.

The Family and Medical Leave Act of 1993 (Pub.L. 103-3, enacted February 5, 1993) is a United States labor law allowing an employee to take unpaid leave due to a serious health condition that makes the employee unable to perform his job or to care for a sick family member or to care for a new son or daughter (including by birth, adoption or foster care). The bill, authored by Chris Dodd, was among the first signed into law by President Bill Clinton in his first term, fulfilling a campaign promise.
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The law recognizes the growing needs of balancing family, work, and obligations and promises numerous protections to workers. Some of these protections include:

Twelve (12) work weeks of leave per twelve (12) months for various reasons such as
Caring for the birth, adoption, or foster care placement issues
Caring for a sick child, spouse or parent
Being physically unable to perform one's job
Restoration to the same position upon return to work. If the same position is unavailable, the employer must provide the worker with a position that is substantially equal in pay, benefits, and responsibility.
Protection of employee benefits even while on leave. An employee is entitled to reinstatement of all benefits to which the employee was entitled before going on leave.
Protection of the employee to not have their rights under the Act interfered with or denied by an employer.
Protection of the employee from retaliation by an employer for exercising rights under the Act.
Generally, the Act ensures that all workers are able to take extended leaves of absence from work to handle family issues or illness without fear of being terminated from their jobs by their employers or being forced into a lower job upon their return.

The leave guaranteed by the act is unpaid, and is available to those working for employers with 50 or more employees within a 75 mile radius. In addition, an employee must have worked for the company at least 12 months and 1,250 hours in those 12 months.