T
taniaalt
Guest
What is the name of your state?What is the name of your state?Illinois
I have been a full-time employee of American Express for 7 years.
In April 2003 I gave birth to my second child. Back in January of 2004 we realized there were some problems with our daughter. She was not meeting any of her developmental milestones. My husband and I brushed if off for a while and thought well each child develops at her own pace, but when she began to lose weight and things just did not seem right we reconsidered our pediatricians concerns and suggestions. Our daughter under went extensive lab work as well as a MRI and has been to a Geneticist and a Pediatric Neurologist. At that point I applied for FMLA through my employer and had a claim open.
At first our daughter was diagnosed with "Failure to Thrive" and "Global Developmental Delay" and they thought she may have Cerebral Palsy. Her pediatrician recommended she receive Physical Therapy, Occupational Therapy, and Speech Therapy immediately. Her team of doctors at that time were unable to pinpoint a specific medical diagnosis. She receives therapy 6x a week and has regular visits to the neurologist to monitor her progress and determine when and if we need to proceed with further testing and perhaps repeating all of the tests she has already undergone and to test her for a possible "Neuromuscular Disorder." I have been working intermittently so that I am able to take her to her therapies and doctor visits. Her doctor noted it is imperative for her neurological development that she receive these therapies. Well, on Friday, December 3, 2004, my employer informed me that I only have approximately 50 hours of FMLA time and once that has been exhausted I would have to resume my full-time position of 40 hours a week Monday thru Friday or I would have to quit. I asked my employer if I may have a part-time position and she responded by saying she could not allow that because it would not be fair to the rest of the team. I asked her what other options I have since I cannot jeopardize my daughters health. She told me I could use all my vacation time and take a leave of absence, but that does not protect my job and once that has been exhausted I would have not other option that to quit. I explained to her that certainly such a company as American Express can work with an employee who has a disabled child. She assured me I have not choice but to quit unless I can return to work full-time because if she makes an exception for me than she must do so for everyone else. I tried to explain this is a disabled child we are dealing with and no one else here has a disabled child. She suggested I talk it over with my husband and that I look for employment at a department store since they usually let you pick our weekly schedule or that I file for divorce from my husband so that I may collect Federal Aid. Do I have any rights? Can I take legal action? I would really appreciate your guidance in this awful situation my family has been faced with. This has been very traumatic for us.
I have been a full-time employee of American Express for 7 years.
In April 2003 I gave birth to my second child. Back in January of 2004 we realized there were some problems with our daughter. She was not meeting any of her developmental milestones. My husband and I brushed if off for a while and thought well each child develops at her own pace, but when she began to lose weight and things just did not seem right we reconsidered our pediatricians concerns and suggestions. Our daughter under went extensive lab work as well as a MRI and has been to a Geneticist and a Pediatric Neurologist. At that point I applied for FMLA through my employer and had a claim open.
At first our daughter was diagnosed with "Failure to Thrive" and "Global Developmental Delay" and they thought she may have Cerebral Palsy. Her pediatrician recommended she receive Physical Therapy, Occupational Therapy, and Speech Therapy immediately. Her team of doctors at that time were unable to pinpoint a specific medical diagnosis. She receives therapy 6x a week and has regular visits to the neurologist to monitor her progress and determine when and if we need to proceed with further testing and perhaps repeating all of the tests she has already undergone and to test her for a possible "Neuromuscular Disorder." I have been working intermittently so that I am able to take her to her therapies and doctor visits. Her doctor noted it is imperative for her neurological development that she receive these therapies. Well, on Friday, December 3, 2004, my employer informed me that I only have approximately 50 hours of FMLA time and once that has been exhausted I would have to resume my full-time position of 40 hours a week Monday thru Friday or I would have to quit. I asked my employer if I may have a part-time position and she responded by saying she could not allow that because it would not be fair to the rest of the team. I asked her what other options I have since I cannot jeopardize my daughters health. She told me I could use all my vacation time and take a leave of absence, but that does not protect my job and once that has been exhausted I would have not other option that to quit. I explained to her that certainly such a company as American Express can work with an employee who has a disabled child. She assured me I have not choice but to quit unless I can return to work full-time because if she makes an exception for me than she must do so for everyone else. I tried to explain this is a disabled child we are dealing with and no one else here has a disabled child. She suggested I talk it over with my husband and that I look for employment at a department store since they usually let you pick our weekly schedule or that I file for divorce from my husband so that I may collect Federal Aid. Do I have any rights? Can I take legal action? I would really appreciate your guidance in this awful situation my family has been faced with. This has been very traumatic for us.