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  1. #1
    Join Date
    May 2008
    Posts
    4

    Default FMLA Scheduling

    My question involves labor and employment law for the state of: Ohio

    Hello,
    My 7 year old son was diagnosed with Diabetes on December 25th 2007. I went on intermittent FMLA on Jan 19th 2008.


    When my son was diagnosed my shift at work was 2PM to 11PM Mon-Friday. The management moved me to 9:00AM to 6:00PM Mon-Friday at my request to better care for him.

    Over the course of the last few days, the management has changed peoples schedule to accommodate service levels. Everyone got to choose their schedule.

    I emailed my manager when i found out that they were going around asking people what Schedules they wanted. I said "Heath I have not been approached to select a schedule." His Reply was "you’re right you haven't been"

    I was the last one approached and was told I had to work starting next week from 8AM-5PM Monday, Tuesday, Wednesday Thursday Saturday. With Friday and Sunday off. I cannot do this. I cannot work Saturdays. I do not have a way to provide Diabetic care for my son on Saturdays. Daycare with nursing staff is hard enough as it is to find, none are open on the weekends.

    People who have been with this company for only a few months got to choose a schedule, but I didn’t until there was only 2 shifts left.

    I refused the schedule and they called HR. They told me that just because I am on FMLA does not give me a right to choose what schedule I want. I can take the schedule offered or resign.

    The only other thing I can think to do is Call in every Saturday until my 12 weeks of FMLA are exhausted. The only problem with this is they never let me make up my time that I have missed. I even have 3 sick days and they will not let me use them because I’m not sick or on FMLA, my son is.

    I think this is completely retaliation.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: FMLA Scheduling

    What is the MEDICAL reason you need to be on on the 9-6 shift? Child care is not a legitimate reason to use FMLA.

  3. #3
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: FMLA Scheduling

    I'd be curious to know how they chose what order to offer revised schedules? If they did it by seniority, then they didn't retaliate. If they did it by salary, they didn't retaliate....etc....If they had a solid business reason for going in the order that they did, then it wouldn't be retaliation. If they used your FMLA status as part of the decision, then it is a problem and very possibly retaliation.

    Was it a new business decision to have workers on Saturday? Were others who are not on FMLA and were not currently working on Saturdays required to now work on Saturdays and also possibly have childcare issues? Were other workers negatively affected? If so, then it would be harder to argue retaliation.

    You would need to be able to prove that the ONLY reason you were given the "bad" schedule was because you are on intermittent FMLA. And that can be hard to prove. Especially since they DID revise your schedule originally at your request.

    I do think that you have the right to use FMLA to protect your job for you needing intermittent FMLA time on Saturdays (not for child care but for medical care of your child) until your FMLA time is exhausted.

  4. #4
    Join Date
    Dec 2005
    Posts
    200

    Default Re: FMLA Scheduling

    If your son's diabetes is considered a disability under the ADA, you might want to talk with EEOC or your state equivalent to see if your employer's treatment is consistent with the association provisions of the ADA. Of interest, is why your employer didn't give you the opportunity to select a schedule as other employees were allowed to do. An employer doesn't have to provide you with a reasonable accommodation because of the needs of your disabled child, but it can't treated you differently than other similarly situated employees because you have a disabled child. See http://www.eeoc.gov/facts/association_ada.html.

  5. #5
    Join Date
    May 2008
    Posts
    4

    Default Re: FMLA Scheduling

    Quote Quoting cbg
    View Post
    What is the MEDICAL reason you need to be on on the 9-6 shift? Child care is not a legitimate reason to use FMLA.
    My son is on an insulin regimen of 4 shots a day, very specific scheduled meal times and insulin doses. This is not child care per say its medical care. I have already been approved for FMLA. I am the sole parent mom is mia.
    No daycares with nursing staff are open on Saturdays. Due to licensing restrictions and insurance policies 99.9% of daycares have polices that Injections must be administered by a Parent\guardian or registered medical care provider. Also most private child care providers wont even consider taking him due to the specific medical needs.

    Thank you for taking the time to provide me input.

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