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.

[Advertisement]

[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.