Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I have been working Hospital/St.Joseph dental clinic years.

Customer Question
I have been working for...
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: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 hours by:
10/4/2015
Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,027
Experience: 20+ Years of Employment Law Experience
Verified

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.

Ask Your Own Employment Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 121,027
121,027 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I have submitted two fmla filled out by 2sets of doctors one
I have submitted two fmla filled out by 2sets of doctors one my cancer specialist and one my GP. My head of HR set the "condition does not merit an Intermittent FMLA althought both set of doctors requ… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was on FMLA. My position with the company was considered
I was on FMLA. My position with the company was considered critical so four weeks out they hired the PRN person to do my job. I returned to work after 8 weeks. Now I am having to train my replacement … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
Out on fmla, my manager, hr department and payroll
Out on fmla, my manager, hr department and payroll department are not responding to my requests to view my time off accrual reports. My paychecks have been incorrect and I've asked to review my accrue… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,027 satisfied customers
FMLA protects job rights for up to 12 weeks. Does Worker's
FMLA protects job rights for up to 12 weeks. Does Worker's Compensation law protect or provide return to work rights beyond 12 weeks (assuming we run WC absence concurrent with FMLA absence)? (Questio… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,027 satisfied customers
Second opinion] My husband went out on FMLA effective Oct 5,
second opinion] My husband went out on FMLA effective Oct 5, 2017 for what was to be a 3-4 week leave for surgery/recovery for his colon. His company said he had to use his vacation time then after 29… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,142 satisfied customers
I have an employee out on FMLA that was to return on January
I have an employee out on FMLA that was to return on January 3rd. They have not been in correspondence or called, returned calls ect. Their paperwork states that they would be out for 6 weeks. They st… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I just receive a notice of determination by edd. The code
I just receive a notice of determination by edd. The code 1279 … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have Intermittent FMLA for a chronic heart condition. I
I have Intermittent FMLA for a chronic heart condition. I can go into A-fib without warning. My employer's policy is to call off with a 2 hour notice. I had to use my FMLA with a 1:45 notice and am no… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
If an employee has fmla for bronchial issues and uses a
If an employee has fmla for bronchial issues and uses a spray agent that could trigger it when theyre not suppose to be using it anyway is that something that fmla is held accountable for? Its self in… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
I'm approved for FMLA specifically to take my mother to her
I'm approved for FMLA specifically to take my mother to her oncology appointments. I gave 30 days notice of the appointment and made sure it was on my employers approved days. My employer required me … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
I asked for FMLA PAPERWORK AND WAS FIRED. Arkansas I am also
I already have intermittent FMLA for narcolepsey and am covered by the ADA. I was fired because they said that I was over the companies 80 hour rule. However after further investigation. I was actually at 79.25 hours.… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,027 satisfied customers
When I filed for FMLA leave i was charged with being AWOL
When I filed for FMLA leave i was charged with being AWOL and threaten and laughed at by my immediate Supervisor's Supervisor . I don't feel as thou the fact I have a disability and difficulties with … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Does the Labor Management Reporting and Discloser Act cover
Hello Does the Labor Management Reporting and Discloser Act cover public employees such as NY state troopers, if it does not could you please guide me in the right direction for a cause of action I co… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I got a letter from EDD saying there was an overpayment. I
Hi, I got a letter from EDD saying there was an overpayment. I remembered for a few months I did continue receiving unemployment but I don't remember filling out the certification, and my previous cer… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
I am fired. Applied for unemployment. EDD has asked to
I am fired. Applied for unemployment. EDD has asked to answer the questions below: 1. Why are you not working at the current company? 2. Were you given warning? 3. When were you given warningNeed help… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
Is it a violation of FMLA if the employer knew that an
Is it a violation of FMLA if the employer knew that an employee had a serious health issue and fired that employee, when 12 weeks of FMLA could have resolved the issue. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I submitted FMLA paperwork for reinstatement of my FMLA and
I submitted FMLA paperwork for reinstatement of my FMLA and it's been 8 days. I haven't received approval, denial or a request for more information. How long do I have to wait for an answer either way… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
This concerns FMLA; the use of FMLA is limited as I
This concerns FMLA; the use of FMLA is limited as I understand it. However, can you give credence to whether an employee can use FMLA in conjunction with a previously scheduled vacation out of country… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x