What are your rights when it comes to withholding vacation days?

Questioner

Hello, In 2013 my father was unwell for a while. I called in sick at work. Eventually my father passed away and I stayed home for a few days after that. My employer has withheld several days: three sick days, two for the funeral and four days off, without consultation. I find this very unreasonable of my employer. Can he just deduct vacation days? Can someone please tell me what I can do about this? I feel really bad about it. Thank you in advance.

Lawyer

My condolences on the passing of your father. You reported sick but the question is whether you were sick. As you indicate, it seems more likely that you needed leave to arrange matters in connection with the passing. If that is the case, it is reasonable for the employer to give the time from the passing until the funeral to arrange the funeral. That is emergency leave as regulated in the WAZO law. If you stayed home for a few days afterwards, I can imagine that the employer considers those days as days off if you are not sick and do not need the time immediately to arrange everything.

Questioner

Thank you very much for your quick reply. If I understand you, I can't do much about it. I wasn't physically ill, but I was temporarily unable to work normally. Can that also be considered 'being ill'? And shouldn't the employer have indicated that those days would be deducted from my vacation days? I just really want to know what my rights are, because the relationship with the employer has deteriorated because of it. It is also good if I have no rights myself, but then I know that in any case and I cannot blame him.

Lawyer

I can't judge whether you were sick. But I agree with you that it would have been better if the employer should have informed you in advance when you reported sick that he would only accept this for a limited period. You are entitled to emergency leave. This is paid leave for the time needed to arrange everything necessary for the funeral after death if there are no other people who can organize this. I do not rule out that you reported sick during that period because you would then have been given a week with the two days before the funeral. However, the emergency leave ends after the funeral.