Can I be denied leave to care for my special needs child during a difficult transition to new school

My then 8 year old son has an autism spectrum disorder and ADD. His former special education school told us on August 28th that he would not have a position there starting the new school year in early September. The Department of Education was unable to intervene and we were forced to find him a new school literally days before the new school year. I e mailed my chairpersons secretary to ask what the procedure was to take short notice leave and the following week (Holiday weekend) immediately asked my supervisor, who was well aware of my sons condition (as was the chairperson with whom my supervisor spoke) for Thursday and Friday off to attend to his emotional needs and last minute transition to a new school the following week. My son has a great deal of anxiety and does not fair well transitioning. We hadn't as yet told him and wanted to be available for any eventuality. The supervisor denied my leave to care for my son and after asking (begging) for leave again the next day, presented me with an official document denying me leave and insisting I come to work the next day or go to Labor relations. I had plenty of sick days, comp days and vacation days and could have called in sick, but decided to do the right thing to prepare my department for my absence (I am an MD). I told my supervisor that I didn't think it was fair that I had to chose between my career and my family and told him I would have to take the time off regardless. I did not know about the FMLA at the time. I had to got to labor relations when I returned where I was forced to sign what I now know was a last chance agreement, limiting my rights previously available under my CBA. No union officer was involved. I was subsequently fired one month later for supposedly taking 2 hours of unauthorized leave (also related to my sons care and asked for 2 hours off/denied. I only took an hour for lunch that day to speak on the phone about the situation. FMLA violation? retaliation? Employer never mentioned FMLA, provided paperwork or asked me for any further information. I repeatedly told labor relations I had a special needs child and when I learned about FMLA a month later specifically mentioned it, but was fired nonetheless.

0 answers  |  asked Dec 29, 2015 11:38 AM [EST]  |  applies to New York

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