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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118237
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My daughter is sick and has been written off days,

Customer Question

My daughter is sick and has been written off for two days, due to bronchitis infection by family physician. Her boss informs her that she ( my daughter) has to be the one to find someone to fill in for her. That if she is not able to do so, then she must be there to work. My daughter is a Pre K teacher. This same facility also tells the employees that they are not to report anything at all to the parents unless there is a mark on that child. My daughter has a 4 year old son she is quite familiar with children. Her son was attending this school until my daughter learned of the policy of not reporting injuries unless there are marks. My daughter has been spit on, kicked and chairs thrown at her by administrators 4 year old son. When my daughter has mentioned this to Administrator, she was told this... " You are his teacher and you need to figure out the best method of stopping him from doing so". This child has been removed from every class because of hurting other children and now placed in my daughters. My daughter is 5 months pregnant as well with her second child and truly a great mother. I know there are laws. My daughter feels terrible for the parents being kept in the dark about accidents and injuries. She also feels that the administrators son has something terribly wrong with him. She said he laughs when he is hurting others. Do you have any suggestions?
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years 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.
What state is this in? Is she an at will employee or does she have a written employment contract?
Customer: replied 2 years ago.
Ohio, Contract that does not state guidelines of ( Finding own cover for days missed) nor ( not reporting issues to parents)
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Under OH law, unless her employment contract states otherwise, she is an at will employee. If the contract provides for sick days and says nothing about finding someone to cover, then the employer cannot force her to find a replacement while she is out sick. If the employer tries to terminate her for not doing so when the contract does provide for sick days but no provision to find someone to cover, then the employer's action would be a breach of contract and a basis for your daughter to sue for that breach and to also stop the employer from denying her unemployment since they terminated her contrary to the terms of the contract.
Now, as far as reporting, this is based on state laws regarding reporting child abuse and also enforcing an anti-bullying policy. The employer cannot stop your daughter from doing either and if the employer retaliates against your daughter for doing so, then this would be a retaliatory discharge and again basis to sue the employer for the retaliation and damages.
If your daughter has a child hurting other children or engaging in bullying, then one way to stop the behavior is to let parents know so they can work on modifying that behavior at home and also support the teacher in the teacher's plan to stop the behavior in class. Evidently, the administrator does not believe in taking responsibility for her child's behavior and working to fix it, she likely believes it is everyone else's problem but her problem.
So, if your daughter has children hurting another child, she can report it and should. If the administrator does not want to hear it, then your daughter can notify Child Protection, since they handle claims of suspected abuse and they will step in and deal with the parents. Your daughter can also report the school to the state licensing agency and they will come in and inspect the school policies, specifically the anti-bullying policy to determine if it is being enforced.
These are your daughter's recourses.