work and care for my mentally retarded sister

[Esther Gaudette]

What is the name of your state?maine

I have worked at my present job for nine years and a total of 12 years at a hospital. recently we have a new boss who has decided to put some of us onto second shift. We are a crew of 8 people and all have worked days. My shift is 6am-230 pm and have done this shift for about 7 years.
I have become my sisters legal guardian sense my mother died. Brenda is mentelly retarded and has to have care 24 hrs a day. She does attend school each day and I get her after work Monday through Friday. Now that our boss wants us to pull some second shift work I have no care for her after 230 pm and can't do this. He is saying if we don't comply we will no longer have a job. Is there a law that pervents me from having to do that shift because of my sisters needs that I must do?
This is a new position that was never posted and we were not informed of this until the new schedule came out. Says he didn't need to go through HR to do this.
Hope to hear from you with helpful answers.
Concerned about my job,
Esther Gaudette

 

[zippysgoddess]

Sorry, no law for that. Your employer is not required to accommodate your schedule, you are an employee, and unless you have some other contractual agreement, he is allowed to schedule you when he wishes.

Even if you used FMLA protections, you are only entitled to 12 weeks worth, and since this is not an emergency situation, I highly dount it would fall under that category, and you would of course have the other 9 months to worry about.

Your best bet would be too look for another job that can give you a set shift or be more accommodating.

 

[cbg]

No, I'm sorry but there is no law that says he has to take your sister's needs into consideration, any more than he would have to take an employee's childcare needs into consideration. If he needs people on second shift, he needs people on second shift. Unless you have a bona fide contract that guarantees you the same schedule for the length of your employment, he is free to transfer you to second shift if that's what the hospital needs you to do.

 

[Just Blue]

What is the name of your state?maine

I have worked at my present job for nine years and a total of 12 years at a hospital. recently we have a new boss who has decided to put some of us onto second shift. We are a crew of 8 people and all have worked days. My shift is 6am-230 pm and have done this shift for about 7 years.
I have become my sisters legal guardian sense my mother died. Brenda is mentelly retarded and has to have care 24 hrs a day. She does attend school each day and I get her after work Monday through Friday. Now that our boss wants us to pull some second shift work I have no care for her after 230 pm and can't do this. He is saying if we don't comply we will no longer have a job. Is there a law that pervents me from having to do that shift because of my sisters needs that I must do?
This is a new position that was never posted and we were not informed of this until the new schedule came out. Says he didn't need to go through HR to do this.
Hope to hear from you with helpful answers.
Concerned about my job,
Esther Gaudette

I am posting a link that may be of help to you....perhaps you can get after school care for your sister...

Good Luck

Bay

http://www.ume.maine.edu/~ITHCRA/Ithcra/Rumford/infant_mental_health.htm#fis