Is there protection for parents of disabled children

Previous | Next
 rated by 0 users
Latest post 08-26-2010 6:12 PM by LynnM. 8 replies.
  • 08-25-2010 7:03 PM

    • shirla
      Consumer
    • Not Ranked
    • Joined on 08-25-2010
    • NE
    • Posts 3

    Is there protection for parents of disabled children

    I was wondering if there are any employment laws regarding parents of children with disablities?

    Here is the situation. I am a single parent of three children one of which has numerous medical conditions and is also  has autism. I  am a nurse and work 12 hr shifts but since the facility I work at is having finanical troubles and shortage of staff they are trying to make me do jobs that i ahve not agreed to but are in my scope of practice they tell me that if i don't they will cut my hours and i could lose my insurance. they also want to make me work more than my regularly scheduled shifts due shortage of staff . I have explained to them that due to my children and the fact that I must rely on my 65 year old mom to babysit (I don't feel safe leaving my autisic son with many people due to his behaviors at times) that is not possible. can they fire me for thse things.

  • 08-25-2010 7:08 PM In reply to

    Re: Is there protection for parents of disabled children

    If it is just a question of babysitting issues, yes they can fire you for not being available when they need you to work.

  • 08-26-2010 12:23 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,286

    Re: Is there protection for parents of disabled children

    With some limited exception for truck drivers, pilots etc, you employer can work you until your drop and then start all over again--just so long as they keep paying you  (OT I presume) They need not accomodate your personal/family needs and they can fire you if you don't work as directed.. For cause!

    Due to some issues of excessive hours for  medical residents there may be caps for some medical professionals _I do NOT know if they apply to RN's

    If you employer is large enough and you have been on staff for at least 1 year you probably have some rights to seek up to XX? days off per year (unpaid) under FMLA for medical needs within imediate family but not babysitting  and I'd not venture a bet on what the status of care for an autistic child is.  .

    Its usually not cost effective to pile on constant OT when one can hire folks straight time for ongoing situations...whats going on?

     

    Many folks work 60-70 hours a week ---and I have some younger friends who routinely put in 100+

    No work could worse than too much work?



  • 08-26-2010 9:09 AM In reply to

    Re: Is there protection for parents of disabled children

    Agree, if it's merely babysitting, that is not covered.  However,  if the medical conditions are covered under FMLA, you should be applying for it immediately.

    Besides autism, what are the medical conditions involved?

    What type of care by YOU does your autistic child require?

  • 08-26-2010 9:24 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,286

    Re: Is there protection for parents of disabled children

    Be sure the facility and others nearby by same owners are large enough in terms of total employment to fit under FMLA and you personally have been there long enough.

    As well as the need must fit inside the FMLA criteria

    I'm NOT sure I'm right but think its 50 employees + within 75 miles and you need 1 year of prior service...anyhow --check to be sure .

    Also if you fit but fail to ask for appropriate leave (in writing to be sure) then you are not "protected" at all.



  • 08-26-2010 10:09 AM In reply to

    • cbg
      Consumer
    • Top 25 Contributor
    • Joined on 12-21-2000
    • MA
    • Posts 6,812

    Re: Is there protection for parents of disabled children

    The FMLA requirements as follows:

    1.) The employer must have 50 employees within 75 miles

    2.) The employee must have worked for this employer for a minimum of 12 months (need not be consecutive)

    3.) The employee must have worked a minimum of 1,250 hours in the last 12 months (must be consecutive)

    4.) The employee or a qualified dependent (spouse, parent, child) must have a serious health condition as defined by the FMLA statute.

  • 08-26-2010 5:40 PM In reply to

    • shirla
      Consumer
    • Not Ranked
    • Joined on 08-25-2010
    • NE
    • Posts 3

    Re: Is there protection for parents of disabled children

    The babysitting issue is that I don not trust very many people to be able to handle his behavior problems like hitting kicking biting saying inappropriate things, In the world we live in now alot of people can not handle that kind of stress and would abuse him. He is on medications for this but these do still occur at times. I have told them for 8 years this was an issue and up untill this last year it has not been that much of a problem for them. I have told them for at least 5 years that I  only want to be scheduled 72 hours every 2 weeks and again it has not been a big issue until this year. I have no husband at home so I feel I need to be home with the kids as much as i can. If i don't stand up for my kids no one else will

     

  • 08-26-2010 5:45 PM In reply to

    • shirla
      Consumer
    • Not Ranked
    • Joined on 08-25-2010
    • NE
    • Posts 3

    Re: Is there protection for parents of disabled children

    Medical conditions include hydrocephalus with v/p shunt, nuerogenic bladder, behavior disorder, adhd,pervasive developmental disorder not otherwise specified(Autism), partial agenis of the corpus collusum( right and left sides of the brain don not communicate), tethered spinal cord with release,GERD. has had 11 surgeries in 8 years.

     

  • 08-26-2010 6:12 PM In reply to

    Re: Is there protection for parents of disabled children

    You said :  I have explained to them that due to my children and the fact that I must rely on my 65 year old mom to babysit

    No where do mention that he requires specific medical care which YOU must provde at the times you have requested not to work. You have merely said your regular babysitter cannot handle all those hours. You are obligated to provide appropriate childcare for the hours you are scheduled.

Page 1 of 1 (9 items) | RSS

My Community

Community Membership New Users: Search Community