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Is it illegal for a dad to be fired for staying home with his sick child?

My husband had been out of work, then found a job recently. I'm a full-time student. Our son got sick the second day of my semester and was sick a week and a half. I stayed home as much as I could without getting kicked out of my program. DH stayed home with our son one day the second week on his new job and one day his third week, and they fired him.

We're not planning to make an issue of it, but I'm wondering if that is legal. Do they just expect us to stick our kids in a room and hope for the best while we go about our other responsibilities? I wonder if a woman in the same situation would have been fired. What about a single dad? Either way I think it was downright dirty of them.


Asked by Anonymous at 11:39 PM on Jan. 23, 2010 in General Parenting

This question is closed.
Answers (8)
  • That is pretty shitty of them, I agree, but I don't think its illegal. His boss probably got a bad impression that it was only his 3rd week of work and he had already taken off 2 days. I was fired from a job when I was pregnant for asking for too many days off due to doctor's appointments. Unfortunately businesses don't care if you have a sick kid at home...well at least most of them don't. They expect you to be at work and find someone else to watch your kid.

    Answer by Anonymous at 11:43 PM on Jan. 23, 2010

  • No, it is not legal. FMLA - check it out.

    Answer by Anonymous at 11:40 PM on Jan. 23, 2010

  • UM, FMLA is a family medical leave of absence... he would not qualify if he had only been with the company for two weeks Sweetie... YES it is legal for him to be fired and I would have fired him as well. That is what the probational period is for. Anyone that misses work within the first two weeks is YES usually let go... It's valid. Get another job and get a nanny....

    Answer by Anonymous at 11:44 PM on Jan. 23, 2010

  • FMLA only applies if the employee has an immediate family member that is seriously ill.

    Answer by Anonymous at 11:46 PM on Jan. 23, 2010

  • I think it is messed up when I was pregnant with my first baby I was working there alittle over 1 year when I got pregnant (planned) they fired me when I was about 7 months pregnant. They fired me cause I would call off half days not whole days half days I would call off for doctor's appointments. But I had no choice since I worked 12 hour shifts so I had no time to go to the drs unless I called off half days. I worked 7am to 7pm I would leave about 5:30 or 6 to my appointments so it wasn't like I was leaving that much early they ended up firing me it isn't right, but they do it anyway.

    Answer by mommy5409 at 11:52 PM on Jan. 23, 2010

  • he would not qualify if he had only been with the company for two weeks

    Although FMLA would'nt apply in the op's situation, there is no minimum amount of time you have to be at a job to qualify for FMLA.

    Answer by 3_ring_circus_ at 12:10 AM on Jan. 24, 2010

  • If you ever get fired while pregnant you MAY have a legal case. One could argue that pregnancy is considered a medical condition, and people have gone after companies for firing pregnant women and they have won!

    Answer by musichollie at 12:29 AM on Jan. 24, 2010

  • Most companies can fire you for any reason the first 30-90 days. He missed 2 days in two weeks I probably would have let him go too.

    Answer by Anonymous at 12:32 AM on Jan. 24, 2010