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Job Discrimination and Harassment : Includes discrimination in employment on the basis of race, color, creed, national origin, gender, disability, etc.
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  #1  
Old 11-02-2009, 06:03 PM
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Can I start work late


Hawaii
Can my state employer stop me from starting work late at 9:00am instead of 7:30am so that I can care for my daughters catheter? Previous bosses have allowed me to start at this time but my new boss wont allow. My 22 yrs old daughter has spina bifida and I need to take care of her and the catherter so start work late. We are a government office of 10 employees.
  #2  
Old 11-02-2009, 06:07 PM
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Quote:
Originally Posted by bedazzled View Post
Hawaii
Can my state employer stop me from starting work late at 9:00am instead of 7:30am so that I can care for my daughters catheter? Previous bosses have allowed me to start at this time but my new boss wont allow. My 22 yrs old daughter has spina bifida and I need to take care of her and the catherter so start work late. We are a government office of 10 employees.
your boss needs you to start at 7:30am. if this was a problem BEFORE you took the job, did you inform the employer you needed an adjustment?
  #3  
Old 11-02-2009, 06:14 PM
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My new boss knows, i informed him that my other bosses allowed me throughout the whole year to start at 9am. However, he won't let me without deducting my annual or sick leave when I start late or leave early.
  #4  
Old 11-02-2009, 06:15 PM
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Originally Posted by bedazzled View Post
My new boss knows, i informed him that my other bosses allowed me throughout the whole year to start at 9am. However, he won't let me without deducting my annual or sick leave when I start late or leave early.
so he will let you, but not on your terms.

so quit.
  #5  
Old 11-02-2009, 06:16 PM
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How long have you been there, and did you discuss this work requirement with the boss before you were hired? If this is a new place, and you are on probation, they probably will let you go rather than accomodate you. If you were working for other bosses in the state system, then perhaps you can arrange to transfer back to the other department or agency.

No, they do not have to make any sort of accomodation, either by state or federal law. If it is not the general practice of this office to flex office hours, they certainly do not have to accomodate you as this is a personal situation. If they have responsiblity to deal with the public during set hours, this is even more negative, as they probably have a set schedule related to this. I find it hard to believe this did not come up during your job interview for this position.
  #6  
Old 11-02-2009, 06:18 PM
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Quote:
Originally Posted by bedazzled View Post
Hawaii
Can my state employer stop me from starting work late at 9:00am instead of 7:30am so that I can care for my daughters catheter? Previous bosses have allowed me to start at this time but my new boss wont allow. My 22 yrs old daughter has spina bifida and I need to take care of her and the catherter so start work late. We are a government office of 10 employees.
**A: per Hawaii labor law the answer is yes.
  #7  
Old 11-02-2009, 06:20 PM
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Quote:
Originally Posted by bedazzled View Post
Hawaii
Can my state employer stop me from starting work late at 9:00am instead of 7:30am so that I can care for my daughters catheter? Previous bosses have allowed me to start at this time but my new boss wont allow. My 22 yrs old daughter has spina bifida and I need to take care of her and the catherter so start work late. We are a government office of 10 employees.
**A: per Hawaii labor law the answer is yes. Search RESPA.
  #8  
Old 11-03-2009, 08:07 AM
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Wait a minute. Couldn't intermittent FMLA apply here? My understanding is that governments are automatically subject.
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  #9  
Old 11-03-2009, 09:38 AM
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Quote:
Originally Posted by bedazzled View Post
My new boss knows, i informed him that my other bosses allowed me throughout the whole year to start at 9am. However, he won't let me without deducting my annual or sick leave when I start late or leave early.
patty, it appears OP is allowed to take the time off but as with any FMLA, their PTO is used during that time.

Not sure if OP is seeking to be able to take the time off without pay or maybe she is salaried and expects the time to simply be paid due to being salaried.

Seems OP wants her cake and to eat it too.
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  #10  
Old 11-04-2009, 02:21 PM
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In some state offices, where there is little public contact, the employees are allowed to flex their time, come in at nine and work until five thirty, say, or come in at 6:00am and leave at 2:30 instead of the regular 8:00 to 4:30 or 5:00. But this is totally at the discretion of the department, totally based on services provided, supervision available for the employee, etc.

If this were a flex permitting office or department, the lady could have been coming in at 9:00 and working later, and not taking her leave. But in the new office, it doesn't sound as though flexing is an option. So if she insists on taking the same hours, she will be using up her leave on FMLA. True, she will be protected by FMLA, and they should allow her to take it without repercussions, but using her leave, all the same. Nothing says they have to make any accomodation such as letting her work flex time and not use her leave. So maybe she needs the old job back.
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