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.

