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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116764
Experience:  20+ Years of Employment Law Experience
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I have been working Hospital/St.Joseph dental clinic years.

Customer Question

I have been working for SRMH Hospital/St.Joseph dental clinic for 18 years. My days have always been Monday,Tuesday,Wednesday&Thursdays. I have 9 year old twin boys one is a type 1 diabetic insulin dependent my supervisor just told me this week they are changing my days to Tuesday, Wednesday, Thursday &Fridays. They clearly know that I do not have care for my son on Fridays it has always been me to go to school and take care of him on Fridays. Why would my employer put me threw this stressful hell. I now have anxiety,can't sleep, think clearly I hate the way they are treating me is this all legal? I need great solid advice. I love my job but hate the politics. "Help me I feel like I'm having a mental breakdown"
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Please understand that state law forbids anyone on this site from representing you in any matter. I thank you for understanding that.

Absent you having a written contract for employment with the employer or a union contract, you are an at will employee, which means that the employer can decide when they need you and when they do not need you. Which means they can insist on when you need to be at work and the hours.

HOWEVER, under the Family and Medical Leave Act, you are entitled to reasonable accommodations for caring for a family member with a qualified condition. This would be a qualified condition and what you need to do is put together a written request that specifically states you are requesting leave under the FMLA for the purpose of taking care of your son with his qualified medical condition and you need to include medical reports from his doctor and his school that nobody else is available to care for him on that day and you need to ask for time to leave work under FMLA to care for that child.

If your employer denies you that leave or retaliates against you for submitting such a request, then you have grounds to file a complaint against the employer to EDD and the US Department of Labor for violation of your rights under the FMLA.

FMLA can be used for intermittent care of a family member with a qualified medical condition, so that is what you are seeking.