Can Lowes fire my husband if he takes sick time while our son is having surgery?

Question

My husband is his step father not his father. The child's father is deceased and has been dead since the child was a month old so our child doesn't know his "father". Well we found out last week he is going to have to have tubes, adneoids removed and his tonsils removed. It doesn't sound serious, but he is only 2 years old and he has to go under so yes the doctor said it is dangerous for a child that young. I need him off to be with me and our child at the hospital and he asked his boss about the day off and told him he could try to put in for the day off, but he didn't think he would get it. The schedule for that week is up and he has to work August 21st and 22nd. He has been with them for 2 and a half years and has been out twice. Once for a death in the family and once for being sick. He has over 65 hours of sick time. I am just wondering if he could get fired if he calls in that day or is there a law that can proctect him from losing his job?

Answer 1

If it were me I'd just tell my boss the truth and ask for the time off and maybe offer to work a weekend to make it up. The truth is always the best way to go, Unless your John Edwards

Answer 2

This may be covered under the Family Leave Act.  The question is whether the condition qualifies as a serious illness under the act.  I would go to the boss and tell him I want the day under the act.  See if Lowes contests whether this is a serious illness.  

Answer 3

That was such a nasty thing for the manager to say. I am sorry.

Your husband is an excellent employee and they should have gladly given him the day off. All that sick time, he has only ever missed a couple days of work. They probably do not have many employees like him.

It probably would have been better if your husband had just called out sick that day, in retrospect. If he calls out that day, management may be able to give him a problem, since they know why he needs to be out.

Is there someone he can switch hours with? If not, I would tell him to go over management to the regional or corporate offices and see if they can help. I would think he could be protected, but I don't know the laws in your state. I know that the Family Leave Act may cover this, so he could probably use that. But he really needs to talk to someone above his boss. There are papers that need to be filled out and I know you can fill them after the fact.

Good luck to all of you. I hope your son feels better really soon. My cousin had  a similar surgery YEARS ago and he came out just fine.

Answer 4

Yes he can! Why because it's a personal family leave and THeY CAN NOT DENIE IT.... Lowes is a corporate company, so have your husband call human resources from the company, they should have the number posted in the lunchroom or meeting room. They also get paid sick days. Don't let them take advantage of you both. If his boss doesn't listen,or cooperate then go to the next guy above him.  FIRST try human  reesources and explain the situation and dont be scared to lie a little about the seriousness of you baby. My husband is a manager for a corporate company,thats how I know FOR SURE you can have the time necesarry/needed to be out w/pay. And dont trip if he gets fired you can sue the company for wrongful layoff. And your looking at some serious $$$$. But it's also time comsuming for you but worth it. Please try it.......