Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Autism - Support Across the Spectrum Autism - Support Across the Spectrum

ADA/FMLA Law Protection

Posted by on Nov. 22, 2013 at 11:37 PM
  • 7 Replies

Hello,

I was hoping possibly someone may know the protection one has under ADA and FMLA.  After reading the posted information on the EEOC website I believe my company did not give me requested accomadations with in the guidlines of ADA.  Here is my story I need advice from anyone who can help.  Thanks, ahead for reading my post, and I hope none of you have to go through this with your employer:


Hi,


I have a question in regards to FLMA/ADA discrimination.  At the end of August last year I needed to take intermittent FMLA due to my son being hospitalized due to anxiety, and depression caused by him transition to high school.  He is disabled and suffers from mental illness and autism.  The organization granted me FMLA, however there was no reduction in my work load due to my need to take time off.  At the end of the year they cited me for not completing one of my goals to fully train another staff member, and I was rated a low value performer.  I was also told I was being placed on a PIP at the time of my review in February of this year.  I was still on FMLA.  I also was changed from a salary employee to an hourly employee.  My job title also was changed and I no longer had anyone reporting to me.  They also removed my work from home option I was allowed a few days a month in October 2012.

I asked for them to reinstate that accommodation  because I needed that option to be able to take my son to doctor appointments without having to miss a 1/2 days work.  I work an hour from the office and would have to leave at 1 to make a 4 appointment that was 45 minutest from my home. They refused to continue to make this accommodation for me, and did not give me a reason as to why it was denied.  The accommodation was reasonable, since I work a job that I have very little interaction with others and is primarily working on spreadsheets.  This privilege is given to many others at the company as well.  When I was placed on a 90 day PIP I was scared to take any time off under FMLA due to being able to not accomplish the PIP.  I did pass the PIP, but they had a stipulation that if I had any performance issues in the next two years I would be terminated.  At the end of July the other person that worked in my department went on maternity leave.  I was provided with someone to help only part-time, and was allowed no overtime unless it was requested by my supervisor.  I was fired a few days ago for errors on a regulatory report that I did not complete, but only reviewed.  The only error I made was to fail to catch the errors the other person made.  No action was taken on the person who completed the report.  I was offered a modest severance package to waive my right to litigate.  After reading the ADA law I believe they did not make appropriate accommodations to allow me to care for my disabled son by not allowing me to work from home or offer another alternative.  Should I file a complaint with the EEOC or take the severance? I was so scared to take anytime off, so I neglected to take my son to needed doctor appointments and evaluations.  I have gone on medication for extreme anxiety and depression.  I am a single mother with no close relatives that I could ask for help, which my employer was aware of.

by on Nov. 22, 2013 at 11:37 PM
Add your quick reply below:
You must be a member to reply to this post.
Replies (1-7):
darbyakeep45
by Darby on Nov. 23, 2013 at 6:42 AM

Hugs mama...definitely sounds like you were mistreated.  I'm not sure what you should do though as I have no experience...these ladies should have some good ideas though.  Hugs!

suelynn0405
by on Nov. 23, 2013 at 10:14 AM
Thanks, for reading my long post and the hugs. I read on the EEOC website that accomadations such as work at home options are only required to be given to the disabled employee, not the person caring for the disabled person. I guess the law assumes the child can drive themselves to the doctors office. However, what bothers me is this wasnt a special accomadation request since it was a flex work option allowed to many other employees.
mypbandj
by Jen on Nov. 23, 2013 at 10:30 AM
I'm so sorry. That doesn't sound fair. I don't really have any experience in this area at all. I mean, I took FMLA when I had given birth to my son, but that's all I know.

Can you contact a lawyer about this?
Posted on CafeMom Mobile
suelynn0405
by on Nov. 24, 2013 at 8:30 AM
Hi Jen,

I did contact a lawyer. He is going to try to get a larger severance package for me. However, that is with the risk that they can take back their original offer. If they dont agree he pretty much files a complaint with the EEOC. Its a gamble, but most employers dont want an EEOC investigation. They will pull years of employment records for anyone they want. The company will try to prove I had performance issues prior to taking FMLA. They will also say they were planning to change my position as part of a reorganization. However, no other manager lost their management status.

Thanks for your response.


Quoting mypbandj:

I'm so sorry. That doesn't sound fair. I don't really have any experience in this area at all. I mean, I took FMLA when I had given birth to my son, but that's all I know.



Can you contact a lawyer about this?

mypbandj
by Jen on Nov. 24, 2013 at 10:11 AM
Good luck! I really hope it all goes in your favor.

Quoting suelynn0405:

Hi Jen,



I did contact a lawyer. He is going to try to get a larger severance package for me. However, that is with the risk that they can take back their original offer. If they dont agree he pretty much files a complaint with the EEOC. Its a gamble, but most employers dont want an EEOC investigation. They will pull years of employment records for anyone they want. The company will try to prove I had performance issues prior to taking FMLA. They will also say they were planning to change my position as part of a reorganization. However, no other manager lost their management status.



Thanks for your response.




Quoting mypbandj:

I'm so sorry. That doesn't sound fair. I don't really have any experience in this area at all. I mean, I took FMLA when I had given birth to my son, but that's all I know.





Can you contact a lawyer about this?

Posted on CafeMom Mobile
BDSMI
by on Nov. 24, 2013 at 1:56 PM

I am a single mom with an ASD son that started having severe behavior issues when he transitioned into middle school.  At the request of HR I filled out the FMLA form for interriment time off.  At one point I was working a split shift with a 4 hour lunch to take care of my child. I also work an hour away from home.  There was days where I would receive a call from school to come get him and all I had to do was send an email to my supervisor, manager, and HR stating I needed to leave for the rest of the day to care for my son this was covered under FMLA.  A year later i am still under FMLA but his behavior is much better. The only issue that has come up is making sure I separate FMLA from my regular time off.  HR and my supervisor have bent over backwards to make the accomdations necessary for me to care for my child. I am sorry you were treated badly.  I would not take the severance package but fight for your right to take care of your child.

suelynn0405
by on Nov. 25, 2013 at 10:54 PM
I would get those school calls and my heart would sink. I always feared how leaving would impact my job... sadly now I know. My attorney sent the letter today to negotiate a larger severance. Keeping my fingers crossed.


Quoting BDSMI:

I am a single mom with an ASD son that started having severe behavior issues when he transitioned into middle school.  At the request of HR I filled out the FMLA form for interriment time off.  At one point I was working a split shift with a 4 hour lunch to take care of my child. I also work an hour away from home.  There was days where I would receive a call from school to come get him and all I had to do was send an email to my supervisor, manager, and HR stating I needed to leave for the rest of the day to care for my son this was covered under FMLA.  A year later i am still under FMLA but his behavior is much better. The only issue that has come up is making sure I separate FMLA from my regular time off.  HR and my supervisor have bent over backwards to make the accomdations necessary for me to care for my child. I am sorry you were treated badly.  I would not take the severance package but fight for your right to take care of your child.


Add your quick reply below:
You must be a member to reply to this post.
Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)