My Manager Is Picking With Me, HELP

[TaeandTiff]

Thursday I took a long lunch to take Ayden to the doctor because has a cold. Lunch is an hour, I was gone for about an hour and a half. I let my manager know before I did so, AND stayed at work later to make up for it. Friday he had an appointment with the Endo, because we're putting Ayden
on the pump, I had to leave early to do so. This is not a normal occurance. My manager of a large company is having a problem with me having to leave for my son's medical appointments. Are there any laws or rights that protect me as a parent of a child with D?

[Momof4gr8kids]

Unfortunately because it is foryour son, not you, I do not think their are. I am getting ready to go to work again. I am looking for a job that I can maybe work 4 9hr shifts. Enough to be full time, but still have a day off during the week. I am not sure what type of job you have, but maybe you could work it to where you have some time off during bussiness hours during the week. Working for a big corperation is hard when you have alot of appointments to keep up with. Good luck, I hope you can work it our with your boss.
Jamie

[caspi]

FYI, check out the US Department of Labor Family Leave Act -- http://www.dol.gov/esa/whd/fmla/

[sheila]

If you work full time (or a certain number of hours) you can file for FMLA.

I earn sick leave so I can get paid with sick leave whenever I use FMLA. If you do not earn sick leave, you can still take FMLA, you maynot be paid for it though.

[allisa]

I dson't ahve much to add....but wanted to say....I feel for you....it is hard enough balancing work & family, but when you have a child with Diabetes....you need an understanding boss....and it sounds as though you are veryu consciencious about making up missed time.....I hope it works out !

[selketine]

I think FMLA applies if the company is large enough. I am fairly certain you can take it to care for your child and not just yourself. If your company is really big and you have a personnel department you can always inquire there.

[Pammers]

Definitely check out FMLA. Don't quote me, but I think if the company is bigger than 50 employees you qualify. My mother in law has used this for years to cover her during her excessive absences due to one of her children's many treatments (some out of state) and procedures due to a rare autoimmune disease.

Good luck!

[mischloss]

I definitely feel for you. I am having to "make up time" now too because of all the appts for taking my son for pump start. But my boss is still pretty understanding and it is a very small company so they are more like family when it comes to my D son. But for you, you can have a talk with HR to see what you can do. Also, if there is a possibility maybe you can transfer out from under this manager to another department or group. Not all managers are alike or interpret the company policies the same way. If you get a sympathetic manager. Perhaps a lady with children herself, you might have a great ally for you situation.

Good luck and keep us posted.

[TaeandTiff]

My husband posted this earlier and we both do work. I am in real esate for ING Clarion, and My husband works for CDW. He is never sick and only takes off for my transplant follow upappointments 1x per year, and Ayden D and pump stuff. CDW has thousands of employees, he has been there 6 years and full time. I don't get it. He even has time stored away. For our appointments he does not miss the entire day. We schedule these appointments at the days end and he only misses a few hours because of travel time. We take turns with these appointments, however, ING is way more understanding. I am just scared of him losing his job because of D:(

[selketine]

Well perhaps it is a good thing that the company is large with so many employees. I would think they have a personnel department that could give him the basic info and then could help with the specific problem if he needs it.

Of course the personnel (or human resources or whatever) folks are employees of the company but I found when I worked at a large university that they were generally helpful and didn't try to give out incorrect information. When there was a problem like this between the employee and the supervisor they would step in.

Perhaps discussing it with them could help protect his rights in case this manager tries to give him a bad review due to time away for medical reasons.

Any chance he can get a new manager?

[TaeandTiff]

I can't request a new MGR, I just have to hangin there. I'll be going over things with HR in the morning. Thanks for all you guys info and that link. I forwarded it to my work email also.

[dmconrad]

I just want to add that I agree with the posts above. When my daughter was dx this summer, it was very easy for me to take all the time I needed and no one blinked an eye. But just to be sure it did not come back to bite me in the a** I applied for FMLA and my HR dept told me to apply for intermmittent leave. This is exactly what we need, as compared to a block of time like for maternity leave. It allows you to take days or parts of days off as you need them to care for a child with a chronic illness. If you have accumulated sick time (I still have about 1000 hours!) you can use that or it can be unpaid. There is a yearly limit to the amount of time used, I believe it is 12 weeks. But unless you had siginficant hospitalizations, you should not need all that in a year. I would imagine that it is renewable each year, but that is what I don't know....good question to ask HR tomorrow!

Good luck!

[hrermgr]

I do work in HR and suggest you do talk with your HR person. Get clear information about the company's time off policies as well as FMLA. Even though you may be covered by your company's policies and FMLA, it doesn't mean your manager will like it. Having HR in the loop (if your HR person is good) and clear knowlege about your company's policies will protect you. (Yes, there are some bad HR people--aren't there in every profession??) Many managers become frustrated when it seems that employees will or have taken a lot of time off. It doesn't always mean they have it out for you--they would just rather have you at work.

Track your time off so that if it does become a bigger issue, you have written documentation. Also ask HR if it is okay for you to keep them in the loop re: time off. And keep the communication lines open with your manager. Give him or her lots of notice about advanced time off you will need for your son. Also, ask your manager if a certain day or time will work better to take off. Even though I work in HR, I still run my time off needs with Teagan through her ahead of time. It may seem like a bit much, but it will go a long way!

Good luck!

[selketine]

I can't request a new MGR, I just have to hangin there.

I realize that may have sounded like an odd suggestion (to get a new manager - ah if only so easy!) but some companies are big enough that you can make lateral moves at least eventually with some planning.

I think you do have to talk to HR too about unexpected time off for your child's illness - impossible to plan that in advance unlike the dr's check-ups. Hopefully they are able to help you out.

[Brensdad]

Hi, I am not a lawyer, but I do have an MBA in Human Resources Law. Unfortunately, the FMLA was not designed to cover the situation you are experiencing (long lunches and occassional doctor appointments).

Labor laws are written much differently than traditional laws. Most of the time a law is written when a legislative body writes a law, the executive body approves and executes it with the approval of the judiciary. In human resources, laws are generally written when a judge makes a decision on a particular case. For example, an employee sues an employer and the judge makes a decision in favor of the employee. The decision is then pretty much considered the standard for that situation. So with all that nonsense being said, let me give you the bad news and the good news.

The bad news is that unless you are covered by an employment contract or a union contract, the employer can pretty much fire you for any reason (or no reason at all), this is called "at-will" employment. Legally, they would be within their bounds to terminate you for taking long lunches or missing for doctor's appointments. I would definitely take the advice of others and consult with HR (if you have an HR department) and get something IN WRITING about how you and the company plan to handle your time away from work. I would also continue to very carefully document the times you are late. You should also note that you spoke with your supervisor and indicate their reponse.

Now the good news. First, we like to think of companies as big, bad entities. But the reality is that if you go high enough or talk to the right person, it is extraordinarily unlikely that you would lose your job for taking an extra half hour at lunch to care for your diabetic child. That being said, it is very important that you follow the chain of command. You MUST attempt to resolve this with your DIRECT supervisor prior to escalating to his or her boss. This is called insubordination and is grounds for termination. Second, if you are careful to notify your supervisor every time you will be late or must be absent, then you have taken "reasonable actions to protect your job." This is a very powerful standard in unemployment filings and in court. Most importantly, if you were to lose your job and sue your employer for wrongful termination, the facts of the case would work against you, but being fired to care for a sick child would NOT play well in front of a judge, jury, or the media.

Good luck to you.

[hrermgr]

Under FMLA, you can take time off to care for a child with a "serious health condition". Diabetes is considered chronic condition thus, also a serious health condition. FMLA will not protect you for a doctor appt for let's say, a sinus infection, or a day off of work because you do not feel well.

If you have worked at your company at least 1250 hours during the past 12 months and your employer is a "covered" employer, the time off to care for your child's diabetes including endo doctor appointments would be covered and protected under the FMLA. This includes occasional time off for diabetes related care. Your next step would be to get your endo to certify your child's diabetes as a "serious health condition". There is a form from the Department of Labor to be completed.

Check with your HR person about FMLA if things get bad. For more information about FMLA, you can go to the following website: http://www.dol.gov/elaws/fmla.htm.

[TaeandTiff]

Well to start, it is my bosses, boss who had the problem. In every case, there have only been a few, I requested the times for appointments off from my boss and he approves it. My bosses, boss made the comment on Friday after I left, my immediate supervisor saw me at the store and mentioned it.
Today, I spoke with the HR department, and they sided with me. They are sending the FMLA paperwork to me in the morning. I am not sure what it is, but I will figure that out and sign it.
There are others that I work with who take off 1 day per week to care for an ill mother, or wife. I am just dumbfounded that this even came up. When I am there all the time and with non paid overtime. It is hard living check to check, and having your job threatened. We need our insurance. And I do resent that man!(my bosses, boss) He is a know it all rich kid with no children and a wife that comes from money who probably does not even know how to spell problem! :mad: To make matters worse I have sick/personal time left. and vacation time too.....sorry just needed to vent. But they will never understand how hard this is for our family.

[selketine]

Well at least you know where your problem is. I am glad the HR dept could give you some help and hopefully getting the paperwork in line will cool down Mr. Hotshot and he can get back to his polo game;)

[hrermgr]

Good for you! Get that FMLA paperwork filled out.

[wendyc]

Great to hear that HR is working with you to create a paper trail and make sure you are getting what is entitled to you.
It is unfortunate that there are bosses out there who have no clue as to what goes on in the daily lives of family.