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Please Help! What Can I Do Regarding Ada And Fmla?

ADA FMLA Work

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#1 exanimo

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Posted 21 April 2013 - 05:44 PM

I realize this is VERY long! So I have bolded the actual questions in this post. 

So I work as a respite care and chore services provider with a local agency. My agency has many offices throughout the state, the main one being about 45 minutes away. I work with the branch office that is in my town. My supervisor is there, and she is the one I have the most contact with. I have met my ‘main boss – the care coordinator for all branches’ a few times.

 

This Friday I attended a training (we have to have 10 hours of training for each fiscal year) and my main boss was there. Everything went fine, she asked to talk to me after the training. So I sat down with her, as well as my immediate supervisor. I received a disciplinary action for "not showing up for scheduled hours with a client" and "not calling my supervisor or the client/ family in the case of not making it to the scheduled hours".  So I completely understand why I received this, and understand that it is unacceptable behavior. Especially calling to let either my supervisor (who can then call the client/family) to let them know that I won't be able to make the hours. Basically, if it happens again, I will be terminated.

 

Background:

This job has worked well for me because of the flexibility. I am able to schedule times and days with my clients as it fits both theirs and my own schedule. I am not required to keep clients either, if for some reason it isn't working well with a particular client, such as the driving is too far for too few hours or I feel uncomfortable for some reason, then I can tell my supervisor and she will find someone else for them. I love my job. It's not something I want to do forever, but it's been great for working part-time and going to college. Most of my clients like me, and I am always doing extra things to help them and their families. I really enjoy being able to help people and they are all very thankful for the things I do.

 

The immediate supervisor who hired me, retired about four months ago, and we got a new supervisor. My new supervisor is much more rigid when it comes to timesheets and such. I'm not sure if it's really that, or if it's just that I've picked up new clients and I also have a very hectic schedule with classes. My main boss seems like a very hard woman, as well. She’s nice, but she is very straight forward and doesn’t seem to allow much give in any situation. Very much by the book from what I can tell.

 

No one at my work knows about my N, not my clients, my immediate supervisor and not my main boss. Until Friday I had only briefly looked up ADA and FMLA. So I'm still not very familiar with either. Do I need to file paperwork for both? I'm not even sure I would qualify for FMLA as I looked it up in my employment packet and it states that I have to have worked 1,250 hours in the past 12 months. I'm not sure I've worked that many. I did an average and it only came to about 1,050 hours. But my schedule has been changed over that time so some of the time I may have worked more while others less. Who is the appropriate person to approach? I’ve heard of others going through HR but I’m not even sure we have an HR department (the immediate supervisors do the hiring, and some administrative people at the main office take care of timesheets and paperwork). Should I go to my main boss?

 

So on to the Narcolepsy bit. I have the worst time getting up in the mornings. I'm also running chronically late. While the disciplinary action didn't specify lateness, my supervisor and my main boss both brought it up that if I'm scheduled to be at a client's at 3, that I need to be there at 3. Even if my client's don't really care, or if they're flexible with times. If I am running late, or I showed up late to a clients, I have to let my supervisor know why. As far as I understand, this does not go along with the disciplinary action. 

 

So I'm always late and I have the hardest time waking up, despite four to seven alarms. I also sometimes completely blank on my schedule. Like I normally have a certain client on Friday, but I had rescheduled with her for Saturday. Well I remembered on Friday, but after I got home I just had it in my head that I had Saturday off. It wasn't until this morning (sunday) that I even remembered I was supposed to have seen her yesterday. Lucky for me, she is the most flexible of my clients, and I called her today and apologized profusely about it. She hadn’t call my agency and just told me that it was fine and I could make it up next week. 

 

How should I go about this? Should I? I really want to try and not do these things, but I'm afraid that it's unrealistic to think I won't slip up a few times. I love my clients and I don't want to lose them. But I am really scared that it will bring up more bad than good.

 

When it comes to ADA, I don’t know if any of my requests would really affect my current disciplinary action. I figured I’d ask for flexibility with starting times, like a 30 minute window that I am safe to arrive in without repercussions. But I can’t just ask that it be okay if I ‘forget’ to show up to a clients. But honestly, that happens. It’s not common but it happens! Especially morning clients, which I try to avoid, but I may sleep through all seven alarms and not wake up until 11:30. Realizing that I’m 2 and a half hours late for my client. (Note that the client whom this happens with, is the reason I got the disciplinary action. It wasn’t really my refusal to call anyone, but that I was SLEEPING! Also, I have talked with her and after my classes get out May 6th I will be working afternoons with her, which should be much better for me).







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