Special needs child / discrimination

[Sheila Smith]

Jurisdiction

Florida

Hi, I have been employed for 15 months for a large corporation that prides itself on work-life balance and flexible work schedules. I applied to work there because I have a special needs child and the hours would work. I worked 1st shift 7a-3p (I pick up my child from a special program at 4pm) for a few months. I was then told that those hours did not work, so I had my spouse adjust his work hours. I then was working 10 hours 2 days a week and then making up the remaining hours the other 3 days a week. Shortly thereafter, I was told I had to go back to a fixed 1st schedule or would be terminated (I received nothing in writing). I was told I needed to get a nanny just how my boss "has to do with his kids". My spouse went and found another job working 8a-5p. I went back to 1st shift working 6:30am to 3pm. My boss was pleased that we were able to work my schedule out.

I was transferred to another department 2 months ago to replace someone else (even with my boss knowing about my scheduling situation). The other worker was dismissed from the department for not being able to perform her job. She was able to come work in my department 1st shift in my position. She is being provided accommodations because she does not like to drive in traffic, so she is able to work 1st shift. I was transferred to her department and I was told that I need to be able to work a rotating shift. I have requested the hours that I will have to work (in order to arrange my home life) and have been refused any definite answer other than I must be able to work a flexible 1st and 2nd schedule at any time and on any notice. I was told that my spouse should be able to take care of our special needs child because my job is "more important". I placed a complaint in with ethics and they found no wrongdoing. I am the only employee in the department that has been notified that must work a rotating 1st and 2nd shift. All of the other employees have been able to choose the shift they work.

It is very difficult to find childcare for a special needs child, and I myself am a 50% disabled veteran. I contacted employee assistance and they told me to go to counseling (which means I have to drive 40 miles away and take off work). Do I really have any type of case as it relates to the ADA or is FMLA relevant to this? Do I need to hire an attorney?

Hi, I have been employed for 15 months for a large corporation that prides itself on work-life balance and flexible work schedules. I applied to work there because I have a special needs child and the hours would work. I worked 1st shift 7a-3p (I pick up my child from a special program at 4pm) for a few months. I was then told that those hours did not work, so I had my spouse adjust his work hours. I then was working 10 hours 2 days a week and then making up the remaining hours the other 3 days a week. Shortly thereafter, I was told I had to go back to a fixed 1st schedule or would be terminated (I received nothing in writing). I was told I needed to get a nanny just how my boss "has to do with his kids". My spouse went and found another job working 8a-5p. I went back to 1st shift working 6:30am to 3pm. My boss was pleased that we were able to work my schedule out.

I was transferred to another department 2 months ago to replace someone else (even with my boss knowing about my scheduling situation). The other worker was dismissed from the department for not being able to perform her job. She was able to come work in my department 1st shift in my position. She is being provided accommodations because she does not like to drive in traffic, so she is able to work 1st shift. I was transferred to her department and I was told that I need to be able to work a rotating shift. I have requested the hours that I will have to work (in order to arrange my home life) and have been refused any definite answer other than I must be able to work a flexible 1st and 2nd schedule at any time and on any notice. I was told that my spouse should be able to take care of our special needs child because my job is "more important". I placed a complaint in with ethics and they found no wrongdoing. I am the only employee in the department that has been notified that must work a rotating 1st and 2nd shift. All of the other employees have been able to choose the shift they work.

It is very difficult to find childcare for a special needs child, and I myself am a 50% disabled veteran. I contacted employee assistance and they told me to go to counseling (which means I have to drive 40 miles away and take off work). Do I really have any type of case as it relates to the ADA or is FMLA relevant to this? Do I need to hire an attorney?

 

[army judge]

Anyone can discuss anything with a lawyer. You are free to do so, too.

As far as your employer and your child care needs, an employer has no LEGAL responsibility or LEGAL DUTY to assist you with your home life and/or childcare needs!!!!

It might be time to find NEW employment before the situation goes farther south.

 

[txls]

ADA would apply to your need for accommodation if you were disabled. FMLA applies to your need to care for your child for "a serious health condition." I don't believe that routine daily care would qualify. There just isn't anything to make an employer allow you to work when you want to work.

 

[Betty3]

I have to agree that based on what you posted, your employer is not doing anything illegal. Sorry.

 

[adjusterjack]

I am the only employee in the department that has been notified that must work a rotating 1st and 2nd shift. All of the other employees have been able to choose the shift they work.

Nothing illegal about that. It just means that your job sucks and it's time to find another.

 

[Sheila Smith]

Thanks for the replies. We are going to go the FMLA route due to my child having congenital issues/seizures and not qualifying for school care until she's school age. And yes, the job just sucks - life is hard for parents of special needs children. We pay an arm and a leg every month for care because hardly anyone will watch her. I am also a combat-disabled veteran receiving 50% disability for PTSD, so employee assistance is sending me to counseling. My anger with the company was accommodations being made for someone else because she doesn't like to drive in traffic.....but such is life....it is not fair. I'm still looking for another job.......anyone have winning lottery numbers?

 

[Betty3]

Remember (though you probably know this) even if you qualify for FMLA, it provides only 12 weeks of job protected leave & unpaid.

 

[cbg]

Also, no matter what your child's medical conditions, FMLA cannot be used for daycare situations. If the child is currently having a seizure and needs to be taken for medical treatment that's one thing and FMLA is appropriate - if you can't find a day care situation because of the medical condition that's another and FMLA is not available.

 

[txls]

Best of luck to you, and maybe this job does suck, but don't be surprised if you have difficulty finding another where they will accommodate. At least where you are now, you do(apparently) qualify for FMLA which gets you 12 weeks to take care of medical situations. Starting over elsewhere, you will have none for a year(if the employer doesn't fall under FMLA requirements, you may never have any). If the job is otherwise okay, it might be better to stick it out and respectfully ask to be considered for a different shift if a position becomes open. I'm sure it seems unfair that someone else was given consideration over you, but there may be more to the story than you know, or maybe it's just unfair. Employers don't have to be fair(in your opinion).

 

[ElleMD]

Ditto to what the others have said. FMLA does not apply for routine day care and ADA does not require your employer accommodate your lack of child care nor time off due to a family member's disability. Your own disability is likewise irrelevant as you are not seeking accommodation due to your own health. Veteran status is likewise not something which obligates your employer to accommodate you.

Typically counseling through an EAP will not trigger either FMLA or ADA either.

Childcare is a struggle for most parents but it is outside what employers are required to accommodate.