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I am being demoted at my job due to too much unpaid time off. A majority of that time was to care for my aspie son or to attend C.S.E. meetings and meetings at the new school he will be attending in the fall. Does anyone know if I have any grounds for something like this? I have checked the labor laws and people w/disabilities act but have come up w/nothing. Any help would be appreciated.thank you~desparate mommy~

Work related issues w/my Aspergers boy

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Asked by oconnormom2 at 1:08 PM on Jul. 8, 2008 in Money & Work

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Answers (5)
  • I could be wrong, but when I was pregnant I was told that the law says when you go on maternity leave they have to still have a job for you, but not necessarily the same job you had prior to your leave. It would seem that in your situation that if the law is still the same that you couldn't fight being demoted, just being fired. I hope I'm wrong though.

    Answer by Silvertears1275 at 1:24 PM on Jul. 8, 2008

  • First poster is right, and it is all outlined in the Family Medical Leave Act. Look it up and check your rights. I do believe the job retained for you has to be comparable, meaning I don't think they can give you a job and pay you less than you were making.

    Answer by Danielle720 at 2:02 PM on Jul. 8, 2008

  • Is your place big enough to apply for the Family Medical Leave Act? I believe you have to apply yearly and you get quite a bit of time off, unpaid to take care of a child. I would say those are reasons you listed. If they don't consider the school meeting applicable, if you also have doctor's appointments on those days, it would be legit. I would make appointments around you job if at all possible including using the phone on your lunch break. The school has speaker phones, I am sure and this would limit your time out of work. Do you have a HR dept.? If so, inquire about the medical leave and also about grievance procedures for something like this.

    Answer by manna1qd at 2:15 PM on Jul. 8, 2008

  • The demotion would make me an "as need sub" right now I am a teachers assistant in a not for profit mental health facility. I would lose all of my benefits going to a sub & I would be considered part time no longer full time. Have not heard back from them today so still in limbo, but thank you all for the advice

    ~desparate & demoted~

    Answer by oconnormom2 at 3:17 PM on Jul. 8, 2008

  • The last answer by Manna1 was exactly what I would've suggested! I'd like to know if you did research any other legal options and if you filed a complaint with the EEOC for medical discrimination. I am unfortunately going thru the same situation, but due to my own health, and I work for a State Agency.

    Answer by DblMacPac at 10:09 AM on Oct. 17, 2008

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