Is my boss right?

Question

My 1 year old has been sick a lot lately with colds, ear and sinus infections. My boss now wants to cut my hours from 40 down to 32. Is he right to do this? Is it legal for him to cut my hours because of my child being sick and me not being able to take him to daycare? Please help!

I am a full time employee and have been for 4 years. He doesn't pay me for he days I take off. Myproblem is we have had people that have not been there as long that call of more than I do and he doesn't say anything to them. I think he has been trying to get rid of me for a while, but yet tells me that I am one of his best employees. It is really confusing me. I have no where else to take my son and most of my time off is because our daycare is constantly calling me to go get the kids. My husband cannot take time off because he just started his job and he makes more than I do.

Answer 1

Can you utilize FMLA time? If you can, he cannot penalize you for taking FMLA leave. And you can take FMLA time as needed, you do not need to take 12 weeks in a row. I am the Mother of a special needs child and there are days that I need to take off to be with him due to his medical condition. If I do not have vacation time to take, I simply use FMLA time - it's at no pay, but my job is protected. It's a federal law.

Answer 2

When you were hired, you agreed to do a job, for a certain amount of pay. Your employer obviously needed someone to do that job for 40 hours; otherwise, he/she would not have hired you. By taking excessive time off, maybe you proved to your employer that he or she really doesn't need someone in your position for a full 40 hours!

I guess he or she could write you up for taking excessive time off, and eventually fire you for it. But I don't think you'd be happy with that idea, either.

Think of it this way: if your dacare provider kept calling you, telling you he or she couldn't take care of your child today because his/her child is sick, would you keep your child in that daycare? Of course not! You need someone who is RELIABLE to take care of your child, not someone whom you're not sure is going to be at work on any given day!

By the way, your child is getting all of those colds/ear infections, etc, from daycare. My son is three, and has never been in daycare. He had his first cold just a few weeks ago.

Answer 3

Is he trying to be helpful or cutting your hours because he needs a full time person and you have become unreliable? Is it legal? Yes. Its also legal if he fires you for not showing up when scheduled. If you are married then try to switch off with your husband or other family members.
The cold hard fact is that while this country talks a good game, we have no laws protecting women from discrimination after the baby is born, neither do we have sufficient affordable day care, or sick baby care. Perhaps this is something those pro life people could do something constructive about.

Answer 4

As a former boss, they don't really need a reason or need to give you a reason to cut your hours. Most bosses are understanding about sick children though. You need to tell your boss what your child's been sick with has been going around ALOT. My ped's doctor says more children have been sick this winter than in the last several winters. Unfortunately, there are some bosses who use children or family members being ill as an excuse to cut hours. He's within his rights though. Sorry.

Answer 5

This is one of those situations, where yes, you can call the labour board and ask for information, but if it leaks to your boss then you can expect to be fired (for an unrelated incident of course).

I have been in that situation where I had to take a bunch of days off because my grandma was dying in the hospital and we went to go see her before she died. My boss cut my hours from 30/wk to 4 and then I told him he couldn't do that, and he fired me because I have been "slacking off at work too much".

I would try to be able to find someone or something that you CAN take him to when he is sick. Sometimes there are day nannies advertised in your area that will come and take care of a sick child while you are at work.

Good luck, regardless!

Answer 6

I feel for you and your 1 year old, but I agree with one of the other answers too. The viruses/illnesses that your child is acquiring are most likely coming from the daycare center. A stay at home Mom/Dad is the best way to raise your children, my wife and I made that decision 19 years ago and it has been wonderful. Financially, we had our tough times, but the benefits of the family were well worth it.

Answer 7

If you're not there a lot due to your kid being sick then why shouldn't he just go ahead and schedule somebody who will be there?

How would you feel getting to the daycare often and it has a CLOSED sign on the door and they were to suppose to be open? You'd find another daycare, right? Be glad he hasn't fired you!

Answer 8

It depends on you jobs absenteeism policy....They can cut your hours, if you are not full time.
Is it a private org.? Nonunion? Try talking to him about it and explain that you need the hours, suggest making up the time you are out.....you may be entitled to FML its without pay.
What does your contract say? The hours may not be promised...if you think you are being singled out unfairly you may have a case.
Donna is right too.

Answer 9

Well, it depends on the workplace laws in your state or province. However, you are not giving 100 per cent to your job, so you can't expect him to be happy. That's obviously one cross you have to bear for heading out to work with a baby you are leaving behind. But you have to check out the legalities, and deal with the guilt on your own.

Answer 10

It is not legal for him to cite that as the reason he is cutting your hours. Your employer has to give you the time you need off to take care of your children. He does NOT, however, have to pay you for any time you miss. As long as he CALLS it something else he can cut your hours however he wants to.