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| | Subject: Disability Laws? | Posted: January 14, 2008 @ 6:41 PM | | Hi everyone,
Ok, I know about IDEA, but are there any laws that deal with temporary disabilities that you know of?
My mom works part-time as a janitor at our church. She recently broke a bone in her foot while vaccuming at church. Anyway, she's in a hard cast for 4 weeks, then hopefully she'll move to a soft cast for another 4. She couldn't use crutches (they hurt her arms), so she's using a walker and a wheelchair that someone loaned her. She is able to do her day job (teaching) in the wheelchair. She can't do the janitor job, as it involves vaccuming, sweeping, mopping, unlocking all the doors, all physical stuff. She offered to have my brother do all the work while she supervised. She told them she would give part of her paycheck to him until she was able to work again and she would make sure he did the job well. (He's living at home without paying for anything now.)
Well, one of the guys in charge told her that it wasn't fair to the church and that they hired her, not my brother. He said that he would have to bring it up to the building committee and that they may have to hire someone else temporarily. Worker's comp. is only going to pay her 30% of her salary for the time she's out of work, so she really SOL if they don't let my brother do the job. She's kind of worried that she might lose the job permanently because they now see her as a liability (she's 51).
Aren't they being  holes? Is there anything she can do to stop them hiring someone else?
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The real work of this life…is to be passionate, be holy, be wild, be irreverent, to laugh and cry until you awaken the sleeping spirits, until the ground of your being cleaves and the universe comes flooding in. ~Geneen Roth |
| | | | | This account (ladydiva) is no longer available. | | 2188 total posts | |
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| | Subject: Disability Laws? | Posted: January 14, 2008 @ 7:06 PM | | | I dont think they can fire her unless they find that her injury was due to her neglegence on the job. Also if they were to straight up fire her there would be a law suit disability discrimination of some sort but you may want to look into that. |
| | | | | | Subject: Disability Laws? | Posted: January 14, 2008 @ 7:07 PM | | you might want to post in the main forum There are a couple of HR folks who know more than me
It also falls under family medical leave.....she has 12 weeks of protection......BUT only if the church has more than a certain number of employees.....check the FMLA law for that...if they meet the min employee requirement...they can hire someone temporarily.....but she has to be able to get her job back when she is healthy....frankly I don't see the big deal with having your brother do the work, especially if they are going to hire someone else to do the job anyway......
Nice church.....or at least that one guy......what a prick..... |
| | | | | | Subject: Disability Laws? | Posted: February 9, 2008 @ 12:58 PM | | | hopefully she will be able to use FMLA. this will give her some protection. It is funny how some employments are about community and support until someone is injured. I hope your mother is able to heal quickly and is not in to much discomfort. |
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