Can an employer accomodite 2 employees sched. for childcare & deny 1 who has child w/diabetes?

I was working second shift & was asked by my employer to switch spots w/another employee & work mornings, now 3 months later the other employee wants mornings back for childcare reasons so they moved me back to nights. I called hr & explained i had child w/type 1 diabetes and my childcare arrangements currently have noone available to watch him except the daytime, they told me i could get fmla and talk to my mgr to see if he can accomodate my needs. So i explained to him the situation and he said hed see what he can do. Now i find out another person was given a set morning schedule to care for a grandchild after they were told they had to have open availability, so im wondering how i should handle this. And if i should contact an attorney or hr or what is the best action because its causing alot of stress etc with family/work balance. Thanks!

1 answer  |  asked Nov 29, 2011 11:27 AM [EST]  |  applies to Ohio

Answers (1)

Neil Rubin
You may have what is known as an FMLA interference claim. This would be a lawsuit filed in federal court if your employer does not rectify the situation. However, much more information is required. Engaging a local employment attorney is indicated.

posted by Neil Rubin  |  Nov 29, 2011 3:00 PM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
Edward Lowry Edward Lowry
Charlottesville, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA
Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA

more Virginia Employment Lawyers