Can my daughter's 40hr week job force her to have open availability? She has a doctor's note that she's her father's caregiver.

2 answers | Last updated: Sep 13, 2016
Wbrs asked...

Ok my younger daughter is my husbands caregiver He goes to daycare 5 days a week and gets home around 5pm. My daughter works a full time job same job for quite a while and has given them a Drs note stating she is his caregiver and must be home by 6 to take care of him. Today she was told they can no ;longer accept this and we all have problems at home and she must change her availability to work till 9 when the they need her to. Right now for a while she has given them one nite a week till 9 and now this. She also just got another position with better hrs in same place and now they want to change that. Is there any help to get with this as she cannot afford to lose her job but wants and needs to help her Dad She also has a 3year old son that we watch for them . Where can we turn or is there an attorney or someone to help us. This just isnt fair as he deal so well with her Now what another change for him This is so unreal Please help if you can We live in NJ



Community Answers

Caringdenise answered...

Hello WBRS,

Sorry to hear about the situation with your daughter. Here are informational resources on Caring.com that may be helpful...

The New Jersey Department of Labor[nj.us] may also have information that answers your question. Thanks for asking!


Nurseatworkandhome answered...

Your daughter should be protected by FMLA..this is a federal law that applies to all businesses with I believe a minimum number of employees which I do not remember offhand. She should contact her human resources department to get the paperwork for an emergency FMLAleave, which, although unpaid, can be intermittent or continuous leave for up to twelve weeks per year. This form is then taken to her Dad's doctor,who fills it out with a certain number of hours or days a week that she needs to take off. Under the FMLAact, your employer must hold your job with the same position, number of hours, pay rate, and so on. There are exceptions, but she should definitely check it out. Google Family Medical Leave Act for more info.


Stay Connected With Caring.com

Get news & tips via e-mail