Lengthy question on family situation

inpiggy · September 2002

I work for a county government in Indiana. I recently became a father. I put in for a shift change to go to a swing shift. The shift is currently open and the reason I put in for the shift was so that when my wife returns to work, we could manage raising our child without the assistance of child care. I was told that my shift request was approved. Last week I got a letter from my supervisor that she gave the shift to someone else with less senority because she had the shift before. Now I am in a situation where I need to go find child-care because my boss will not take a stand. I know why this is being done, because she doesn't like me. It started about a year ago when she promoted her friend to be second in charge. The job was never posted, and they never even told any of us that the position even existed until her friend was promoted. The person second in charge seems to be exempt from all disciplinary action. He is late for work several times a week, falls asleep on duty, hired his brother in violation of our county nepotism policy, etc.

My question is are there any laws that protect families, besides the family medical leave act? The only thing I want is the shift that is open so that I can raise my own child. I was told the reason is that the employee had the shift before, and even though I have more senority, the boss doesn't believe in bumping someone off of their shift (even though the shift is currently open). I was also previously bumped off of a shift but that doesn't seem to matter either. I didn't think it was a huge request but apparently I'm wrong. I just love politics.

Rockie · September 2002

First, I agree that it appears from what you have stated, that you have been treated rather shabbily. If you were promised the shift change, did you get it in writing? (This is key, especially when you are working under conditions such as what you describe). At least you have a leg to stand on instead of a "he said, she said" situation.

There are no family laws that guarantee that workers can be accomodated to raise their families or avoid day care charges. This is a burden put upon the employee and where he or she chooses to work, how many hours they choose to work, etc. The Family and Medical Leave Act allows for the "bonding" time between parents and the newborn, not to arrange for their care. Most new parents also use this leave time to arrange for the care of the newborn when they have to return to work.

A lot of companies do try to accommodate their workers, when possible, to put them on certain shifts, etc. to assist with lifestyle issues (Family Friendly Workplace), but there is not a legal requirement to do so.

inpiggy · September 2002

Unfortunately that is what I thought. I could have had it in writing as the written schedule was already posted, but it has since been taken down and replaced. It seems like a fairly easy request, but in the game of politics it's a whole different story. I appreciate the info. My other option was to contact the council and commissioners and explain the situation and how easy of a decision it would be. With the pressure in todays world on keeping families together, it would be hard for them not to do something.

Pork · September 2002

Inpiggy, it reads like you need to read your employee handbook pertaining to senority rules and the application thereof. Additionally, read your notification and approval of your request, if you have one. If not available because they don't exsist, then best you remember this activity and get in writing next time. Their is no law other than contract law (written documents) on which you can stand for protection in your explained case. Good luck and may you have a blessed day! In Pork too!

Crout · September 2002

[font size="1" color="#FF0000"]LAST EDITED ON 09-30-02 AT 11:42AM (CST)[/font][p]Having worked for a county government in PA, I can empathize with you. I am assuming that you are not a union member. Even so, local governments are usually more attentive to their internal policies and procedures than the private sector. You should document your situation and make an appointment with the head of HR to explain yourself. I don't know how you're county runs, but I would not see any commissioners unless you've exhausted all legitimate channels, and you're desperate. Keep in mind that "going through the back door" by seeing the commissioners may actually end up jeopardizing your job in the long run. Commissioners come and go, if you get my meaning. Take care.

Lengthy question on family situation

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