Is this legal?

[cpbaby]

MIL died and donated her body to science. My DH's handbook from his work says bereavement pay up to 3 days for immediate family--he took two-She died at 3:15 am and he was there with her when she passed so he took that day and the next.

There was a memorial service 1 1/2 weeks after she died--on a Sunday so no work was missed.

Because there was not a funeral, he had to take two vacation days to get paid for those two days he was off trying to deal with his mom dying. Is that....well, maybe not legal, but "right"(and I dont mean CORRECT)?


I think he was trying to not tell me because he knew Id be mad, but he let it slip today that he was down two vacation days because of this.

[Lasher]

I know when my mom died I had to bring a death certificate back, or the paper that had the notice in it. It's grieving time, not time to go to a funeral, my mom wasn't buried either, we had havard harvest her brain so they would be able to do more research on the disease she had, Arnold Picks.

I didn't have a problem bringing something back I understood it was because people had taken advantage of the situation before.

I would call the local labor and wages board in the area and tell them the situation, or if he works somewhere that has an actual human resources dept, maybe check with them first.

[vicky122]

We get 5 days for a parent and just have to show the death certificate orthe Obit. Doesn't have to be for the funeral itself we just get 5 days for parents or kids and 3 for siblings. Check also with his union if he has one. But take the book in and ask them why does the book say for bereavement
mourning: state of sorrow over the death or departure of a loved one is what it is for nothing about a funeral.

[SLance68]

Your wage & hour board will refer you back to the human resources department. There is NO federal or state requirements governing funeral leave. For our company (we only have 40 employees) I usually know when someone has a family member die and we usually end up sending a plant so it is no big deal - and half of the time no one puts it on their timesheets. They are just surprised when they get the pay. Your husbands employee manual should list what is required. But if he is like the men I work with you would be better off calling the HR department yourself.

[ChristiNate]

I work in human resources and it is up to the company to decide their own company policies regarding bereavement leave.

[DestinysGrandma]

My DH got fired when he took a day off to attend his nephews funeral. IMO not letting someone have the day off or making them take vacation time for a funeral or to be by the side of a loved one if they are terminally ill is not morally right. As the other posters said though it is up to the company. At least your DH was able to get paid for those days even if it did cut into his vacation time and you guys won't be short on payday.

[cpbaby]

I work in human resources and it is up to the company to decide their own company policies regarding bereavement leave.


True. I understand this. HOWEVER, the reason he was given for no pay was THERE WAS NO FUNERAL. He said the payroll clerk came out and said "Oh, XXX you wont be paid for those two days since there wasnt a funeral. Do you want to take vacation days instead?" Then he was told that if there had been a funeral, he would have gotten paid.


It is in the company manual as 3 days bereavement leave WITH PAY following the death of an immediate faimly member. 1 day without pay for non-immediate family members. NOTHING about the need for a funeral. NOTHING about needing an obituary or a death certificate...the company even sent flowers to her memorial service.


Im trying very hard to not call corporate headquarters because his company was bought out less than a year ago by RJ Reynolds. I hate to stir the pot, but Im not a bit happy. I think it is WRONG and the manual doesnt say 3 days for the FUNERAL, just 3 days following the death of an immediate family member and lists the qualifying members---mothers were included.

[Lasher]

I think you should call, just try ( and i understand cause I would be pissed) not to be too hostile when you call. Maybe the person is HR is wrong, maybe she doesn't understand the policy, maybe she was misinformed on how the policy worked. Couldn't hurt to call and ask.

[andreame70]

I think it would be better if your DH called corporate and inquired as to why he had to take personal leave when the employee manual states that he is given three days of paid leave.

Like Lasher said, maybe the HR person doesn't fully understand the policy. Depending on the size of the company, this issue may not be something the HR person deals with often enough to know all the rules regarding it.

To be honest, if they offer it as you have read it in the employee manual, that is really great! I know most companies allow you to take three days off without fear of losing your job, but most of them do not pay you for it, you have to take personal leave days in order to be paid.

As far as them saying there was no funeral, they are full of it. The poor woman passed away and they had a memorial service for her. That IS a funeral. I have always considered the funeral to be the service being held in honor of the departed. Burial is something completely different.

I hope they honor their policy for you guys.

Andrea

[vicky122]

To be honest, if they offer it as you have read it in the employee manual, that is really great! I know most companies allow you to take three days off without fear of losing your job, but most of them do not pay you for it, you have to take personal leave days in order to be paid.***********

Thats how it is where I work we have to use our days but we can use sick days for it.

[boopster]

It sounds as if the payroll clerk has a comprehension problem and doesn't understand the definition of bereavement. Your husband should go to the payroll clerk and ask for a written explanation as to why he (your husband) has to use his vacation time since funeral and bereavement are not synonymous. Once receiving this explanation your husband will have written proof and then can forward it to the appropriate people requesting a review of this action.

[freeby4me]

If your DH is OK with taking vacation days instead then let this be up to him. It is his place of employment, there could be repercussions to you calling. You never know right, I say b*tch to us here, and to DH but dont go stirring HIS work pot. It should be his place to say something and if he doesnt want to, then let it go (only to him, you can b*tch to us still LOL, thats what we're here for)

[cpbaby]

If your DH is OK with taking vacation days instead then let this be up to him. It is his place of employment, there could be repercussions to you calling. You never know right, I say b*tch to us here, and to DH but dont go stirring HIS work pot. It should be his place to say something and if he doesnt want to, then let it go (only to him, you can b*tch to us still LOL, thats what we're here for)


Thanks. Thats what I am doing. I DID call my aunt and ask her opinion and she FLIPPED(she used to be head of human resources for TVA), but like I told her, I just wanted validation that they were crazy, not me and I was going to "let it go" since he has to work there and I dont.



Thank goodness for the V/W forum. Things like this is why I was upset when the MWT thingy took it away. I NEED my outlet!

[Kelsey1224]

It sounds as if the payroll clerk has a comprehension problem and doesn't understand the definition of bereavement. Your husband should go to the payroll clerk and ask for a written explanation as to why he (your husband) has to use his vacation time since funeral and bereavement are not synonymous. Once receiving this explanation your husband will have written proof and then can forward it to the appropriate people requesting a review of this action.

I'm with boopster on this one. It wasn't an HR representative who told him this...it was a payroll clerk. In most companies, that's an entirely different department. Your husband should question it.

[cpbaby]

I'm with boopster on this one. It wasn't an HR representative who told him this...it was a payroll clerk. In most companies, that's an entirely different department. Your husband should question it.



Actually, this poor guy is EVERYTHING. He does it all. He is the secretary, payroll clerk, HR department, does the ordering....he is VERY hateful on the few occasions I call(usually insurance related) but he usually gets nicer the longer I talk to him. I think he appreciates someone being polite to him.

[Shann]

I'd have your hubby call up the corporate office. that is not right... I know I worked in payroll and HR handled it and once we got validation we did pay it, but they didn't have to attend a funeral, just show the death cert. He should have the handbook right there and tell them what page as it doesn't say anything about a funeral. That is silly that he would of had to go to a funeral to get paid.. bottom line, he lost a loved one and the company offers bereavement.. now they need to stfu and pay him the time owed NOT out of his vacation. GL

[PrincessArky]

how sad they could be this way :( I always thought you got 3 days to sort of deal with our lost, not that 3 days is nearly enough but you know what I mean

[boopster]

There are companies out there that do not give any personal or sick days. This is more apt to happen with smaller companies. It seems the ideal place to work would be with the government whether it be city, state or federal. Did you know that there is a law that states what the temperature has to be in the work place...but that only pertains to government employees and buildings that are owned by the government. And...the only employer that has worse benefits than their employees are the taxpayers (taxpayers are the employers since their taxes pay the salaries of all government employees.)

[cpbaby]

I asked my boss yesterday about this because they(him and the payroll lady) went to a labor board seminar last week. He said that in the state of Kentucky, all you HAVE to do is allow for two ten minute breaks, a 30 minute lunch and pay time and a half for overtime. Well DUH, I knew there wasnt a law about bereavement pay, but he did say it seemed wrong to him. The thing is, since the company changed hands about a year ago, they dont have new handbooks. Therefore, there is no way to prove how their NEW policy is stated. We have the old handbook but that is more or less worthless since they were bought out. I just have a hard time believing that R J Reynolds Tobacco wouldnt pay someone that was off two days when their mother died.

[freeby4me]

Has he taken in the death certificate?? Perhaps if he just walked in with it and said "here you go, now you know why I needed those couple of days off" perhaps then they couldnt wiggle out. I dunno if they have no clear policy.

[cpbaby]

Thanks. They DO know shes dead, the company sent flowers to her memorial service. There wouldn't have been a memorial service if the woman wasnt dead, right?

[PrincessArky]

Did you know that there is a law that states what the temperature has to be in the work place...but that only pertains to government employees and buildings that are owned by the government.



holy cow didn't know that explains why the ppl making the weedeaters and chain saws in DeQueen had their air turned up to 80 a few years ago :(

[queenangie]

A copy of the death certificate needs to be brought to the supervisor's attention and he should be getting the 3 days off as per policy.

[tljohn123]

When my grandmother died, we had the memorial service 2 weeks later. The burial was two months later (she was cremated) and only because we wanted her to be buried with my grandfather. The day she died however, I took 3 days and WAS paid for it. When my dad's mom died, same thing happened. She died in another state but when her body came home, I took three days off and was paid for that as well.

BTW...in case any one doesn't know...the state of Illinois says all an employer has to give you is a 20 minute lunch. They do NOT have to give a break or an hour lunch. I think bereavement is up to each individual company.

[cpbaby]

When my grandmother died, we had the memorial service 2 weeks later. The burial was two months later (she was cremated) and only because we wanted her to be buried with my grandfather. The day she died however, I took 3 days and WAS paid for it. When my dad's mom died, same thing happened. She died in another state but when her body came home, I took three days off and was paid for that as well.

BTW...in case any one doesn't know...the state of Illinois says all an employer has to give you is a 20 minute lunch. They do NOT have to give a break or an hour lunch. I think bereavement is up to each individual company.


Bless you heart. I am sorry for your losses.


Yeah, in KY, employers have to give a 30 minute break after 6 hours of work and have to pay time and a half for OT. Thats pretty much the only thing required.