PLEASE help me word this conversation right with my supervisor

[JustMe]

Trying to keep this from becoming a book, but really need help! Major restructuring is going on at my job due to budgets. I am very lucky in that I am not in danger of not having a job, as others are. My supervisor is new to being a supervisor. She has worked for the company for many years, but is only recently a supervisor. All that to say, I don't feel like I know the best way to approach her/how she will react.

I found out that its likely my position will go from under full-time with many weeks off (some unpaid, but that's okay with me) to full time with only 2 weeks vacation. Sounds like a good thing to many, huh. However, I use my non-working time for taking dd to appts related to her disability, helping her with schoolwork, etc.

Its likely that all new positions will be full-time and there is nothing I can do about that (they are combining positions, so plenty of work for the positions that remain). However, my current location will be the only one that does not have more weeks off during the year. (There are more than one of "me", but we have different locations we are responsible for). The current plan is that we will be adding to our team/increasing these positions, but I think mine is one that will have the least weeks off by LOTS of weeks.

So, I want to approach my boss and let her know that 1)If there is any way to stay less than full time, I would want to do that (not likely, but you never know) and 2) I definitely want to move to a location that has more weeks off. I will most likely have enough senority if things are decisions are made by seniority. I need help on how to say this. It is hard b/c with people losing their jobs I don't want to be unsensitive or overdemanding AND I don't feel I know my boss well enough to know the best way to approach this with her.

Going to HR first is not a good option. I won't get into that. Advice? Please!

[zag95]

Hmmm.
First of all, I'd let your current supervisor know that you appreciate your current position, but you have some concerns with restructuring that may be coming. Maybe you want to say that you are interested in staying in a position that allows you flexibility to attend your daughter's appts for her disability, and minimize work interruptions. I would somehow indicate those key points. Could she give you any idea as to options where you could continue with your current amount of hours??

The other thing I would explore is your PTO (Paid time off). How is that accrued? If it is by seniority, you may be accruing PTO at a faster rate, than the 2 weeks. Also, perhaps the 2 weeks is a rumor? I would check with the supervisor on this as well. Also, is FT 40 hrs or 36 hrs or?? I would ask about those details, which could make a difference in your scheduling needs.

Do you know this person, prior to her role as a supervisor? If she functioned as a colleague, she may be more familiar with you, and more "understanding" for lack of a better word.

Tough position to be in- others may have good advice as well.

[JustMe]

Thank you!!! Good ideas!

I like the way you put things.

To answer some questions, I do know the FT will be 40 hrs, I know how much PTO I have but its nothing compared with the differences in weeks amongst the positions. The 2 weeks is not a rumor, and there would be good reasons for the agency to do this for their needs due to the need of the dept I work in.

Yes, this person did work for the agency before being my supervisor, but I did not really know her well. OTOH, one of the people in my positions did and they are friends. Fortunately, there would be more positions with more weeks off and only one--my current one--with only the 2 weeks.

[dhano923]

Hmmm.
First of all, I'd let your current supervisor know that you appreciate your current position, but you have some concerns with restructuring that may be coming. Maybe you want to say that you are interested in staying in a position that allows you flexibility to attend your daughter's appts for her disability, and minimize work interruptions. I would somehow indicate those key points.

I am in HR in CA. I wouldn't mention your daughter's disability. ADA laws require reasonable accommodations for employee disabilities, but do not require reasonable accommodations for employees who have disabled children or spouses. In other words, they don't have to give you special consideration because your daughter is disabled.

I would just let the supervisors know that you have heard that your position may be going full time, and due to personal reasons, you would prefer to stay on the same schedule you are on now, or something similar, and that you are willing to move to XYZ location if they are available to accommodate your request. However, be prepared for them to say no too. They may have it worked out where they can't accept you at the other location, and they don't want to accommodate your requested schedule. You should have an idea as to what you want to do then.

[1mom2dylan]

Can you apply for intermittent FMLA due to your daughters condition? That way you can take time off when you have appointments.

[JustMe]

Thanks so much for the replies everyone! They are all so helpful.

Something like the below is something I wondered about. I looked at the FMLA policy and it talks about things like chemotherapy, etc. This does not fall under that category!


Can you apply for intermittent FMLA due to your daughters condition? That way you can take time off when you have appointments.

According to what dhano says it does not seem so. I don't feel comfortable posting dd's disability, but if anyone who might know the answer pms me, I can share it with you. Thanks!

[buddyleebaby]

Thanks so much for the replies everyone! They are all so helpful.

Something like the below is something I wondered about. I looked at the FMLA policy and it talks about things like chemotherapy, etc. This does not fall under that category!



According to what dhano says it does not seem so. I don't feel comfortable posting dd's disability, but if anyone who might know the answer pms me, I can share it with you. Thanks!


FWIW, my husband's co-worker was able to get a revised work schedule because her son has a learning disability that purportedly required her to be home during certain hours. I don't know the details but I do know she did so through FMLA.

This page seems to indicate it's a possibility:
http://www.wrightslaw.com/advoc/articles/fmla.protect.spolter.htm

[1mom2dylan]

I don't know for sure, but I believe if you provide medical documentation from the doctor that this is a chronic condition that needs frequent care and as her primary care giver you are the one that needs to take her to the appointments, it should be approved. I am my husbands PCG and was approved Intermittent FMLA when he got sick.
The paperwork to get it approved is tedious but it is worth it so that you can take the time you need without worrying about being penalized for attendance issues. If you run out of sick leave then it would be Leave Without Pay.
Where I work we also have what's called a Voluntary Leave Transfer Program. With this, your coworkers can donate time to you.

[HannaAddict]

I would be super cautious about having any conversation like that while layoffs and restructuring were involved. An employee who is good and thinks they are "safe" can become the next reduction in force casualty if they make any demands at all or don't seem 100% thrilled to have a job. I would wait until the dust clears to say anything, your daughter's disability wouldn't provide any protection here either, I am sorry and sure it is stressful. Good luck.

[crl]

I would be super cautious about having any conversation like that while layoffs and restructuring were involved. An employee who is good and thinks they are "safe" can become the next reduction in force casualty if they make any demands at all or don't seem 100% thrilled to have a job. I would wait until the dust clears to say anything, your daughter's disability wouldn't provide any protection here either, I am sorry and sure it is stressful. Good luck.

But if she waits until the dust settles and the assignments to locations are finalized and all the locations with more time off are filled, then it seems even more difficult to raise.

I don't know how I would approach it, honestly. Does your new supervisor also supervise the other locations with more time off? I wonder how it would go if you simply ask how they will be assigning the new locations and whether there is any flexibility to change locations at this time?

Catherine

[ahisma]

Ate you paid more for than the other locations? I'm trying to get a feel for how hard it would be to orchestrate a location change. Would others prefer your position?

[babystuffbuff]

But if she waits until the dust settles and the assignments to locations are finalized and all the locations with more time off are filled, then it seems even more difficult to raise.

I'm in a similar situation - restructuring, new supervisor who hasn't been a supervisor before (and is AWFUL at it), lots more work for me. I was already full time, but in addition to my own responsibilities, I am now doing the work of my two previous supervisors who both left the organization. One difference in my situation is the leadership keeps saying they are going to hire more staff, but it's been nine months and nothing has changed.

It's a difficult line to walk. I agree that if you wait until everything settles down, you will be stuck. I understand the point about not taking your job for granted and not questioning 'the plan,' but I don't think there is anything wrong with bringing it up. You have a legitimate concern since this is a significant change in your working hours and amount of time off that has happened rather suddenly. You said your new supervisor isn't new to the organization but you didn't know her well. Is she at all familiar with your work? That would make a difference in how I would approach her. In my case, my new supervisor was previously my colleague, and fortunately recognizes my value to the organization (and that he is clueless about the work I do), so I feel more comfortable speaking with him than I do with the new head of my division, who was brought in from another organization and doesn't know me at all.

[JustMe]

Thank you again. I especially appreciate the Wright's law link, Alicia. For some reason, I am never able to find what I am looking for on that website.

Anyway, I am torn about being cautious and putting it out there in a non-demanding way (wow, maybe that can be the same thing!). My location would be paid more, not hourly, but simply because the other locations have unpaid non-work weeks (which I want). I would think I would have priority to change out of my position to one of the others (especially b/c some of the other positions will be filled by someone not currently it them). It is hard to say if someone would prefer them or not--I would think most would prefer no layoff/my position; yet its amazing how many of my co-workers tend to want the time off over the money (these are not particularly well-paid postions). It is a more challenging dept to work for in other ways as well, but that does not bother me and I would not be interested in changing if it wasn't about the time off.

Anyway, I think I definitely will state to my supervisor that I strongly prefer to be moved to another location so I can have the additional weeks off. Not sure if I will bring up staying PT in terms of hrs/wk or if I will bring this up in terms of my dd's disability or not. I really do not think they will use that against me if only b/c our HR dept is super-cautious about lawsuits. Don't know if it will help to say it, though, of it is better to just state my preference in a non-demanding way. Will read the wrightslaw link more. Thanks!

[karstmama]

i have no experience in these types of things at all, so more than a grain of salt is needed here...but my dbf has met his 'big boss' at starbucks a couple of times to bring up things 'under the table' so to speak. would a totally informal meeting to simply ask her about the possibilities strike the right note, or seem brown-nosey?

[JustMe]

i have no experience in these types of things at all, so more than a grain of salt is needed here...but my dbf has met his 'big boss' at starbucks a couple of times to bring up things 'under the table' so to speak. would a totally informal meeting to simply ask her about the possibilities strike the right note, or seem brown-nosey?


Thanks, yes, probably not so informal that it would be off-site, but I think what I have to do is just talk to my boss in a really undemanding way. I am not afraid of ending up without a job because I do that. I do know my boss is a reasonable person, this is not the kind of thing the agency as a whole would hold against me (as long as I did not say I could not do the job), and it is only due to restructuring (where they have to show why/how this benefits the agency) that they can/want to fire someone without a serious reason. I just don't want to be insensitive to the fact that others are losing that job OR rub my boss the other way AND I want to put it in the best way possible.

Thanks again to everyone who has posted. Every response has been helpful and I have gotten more clarity (not that I am still sure how I am going to word things, but in general).

[dhano923]

Thanks so much for the replies everyone! They are all so helpful.

Something like the below is something I wondered about. I looked at the FMLA policy and it talks about things like chemotherapy, etc. This does not fall under that category!



According to what dhano says it does not seem so. I don't feel comfortable posting dd's disability, but if anyone who might know the answer pms me, I can share it with you. Thanks!

There are two things at play: ADA requires reasonable accommodations for employees with disabilities. Thats different from FMLA. FMLA is job protected leave to take care of yourself or an eligible family member with a qualifying illness. If your DDs disability qualifies for FMLA, then you are entitled to up to 12 weeks of leave to care for her issues related to that illness. However, there are certain requirements you also must meet, such as having worked 1250 hours in the past year, having 50+employees in a 75 mie radius, and having worked there at least 1 year. I know you mentioned that you get weeks off at your current job, so you'd have to see if you meet the requirements to be entitled to FMLA.

[JustMe]

There are two things at play: ADA requires reasonable accommodations for employees with disabilities. Thats different from FMLA. FMLA is job protected leave to take care of yourself or an eligible family member with a qualifying illness. If your DDs disability qualifies for FMLA, then you are entitled to up to 12 weeks of leave to care for her issues related to that illness. However, there are certain requirements you also must meet, such as having worked 1250 hours in the past year, having 50+employees in a 75 mie radius, and having worked there at least 1 year. I know you mentioned that you get weeks off at your current job, so you'd have to see if you meet the requirements to be entitled to FMLA.

Thanks, I meet the work-related qualifications of FMLA--that is a non-issue. How do I figure out if dd's diagnosis qualifies? I know ADA is not related to this as I looked into that and learned that ADA only relates to the person with the disability directly; not parents/caretakers, etc.

[dhano923]

Thanks, I meet the work-related qualifications of FMLA--that is a non-issue. How do I figure out if dd's diagnosis qualifies? I know ADA is not related to this as I looked into that and learned that ADA only relates to the person with the disability directly; not parents/caretakers, etc.

You get the FMLA paperwork from your HR department. One of the forms is a doctor's certification, which your DD's doctor would need to fill out, and it states the type of conditions and what type of absences you would need to have in order to deal with this disability (ie. You need to take her to appointments 3x a month, or you may need 1-2 days off a month when she is having an episode, etc). You then return the forms to HR and they then let you know if the issue qualifies or not.

Your doctor should be able to tell you if the disability generally qualifies for FMLA, if you want an idea before you request the forms.

[JustMe]

Your doctor should be able to tell you if the disability generally qualifies for FMLA, if you want an idea before you request the forms.


GREAT idea! I want to be as prepared as I can be.

[PZMommy]

My son (19 months old) has severe asthma, and I qualified to take FMLA leave for it. He is sick for a week or so at a time, every so often, plus has frequent doctor appointments to adjust meds, etc. We are doing better now, but his first year of life he was hospitalized four times, for nearly a week each time, and sick several other times in between those hospitalizations.

The only issues with FMLA time is, you have a certain amount of time to use it, and then you can't use it again for a calendar year once you have ended it. I believe you get 60 days in a 12 month period. You don't have to take 60 days at once. They can be scattered out. Then you have a whole year of not being able to use it, before you can sign up for it again. You take a chance that a bigger issue won't arise during that year you can't qualify for it.

[dhano923]

The only issues with FMLA time is, you have a certain amount of time to use it, and then you can't use it again for a calendar year once you have ended it. I believe you get 60 days in a 12 month period. You don't have to take 60 days at once. They can be scattered out. Then you have a whole year of not being able to use it, before you can sign up for it again. You take a chance that a bigger issue won't arise during that year you can't qualify for it.

FMLA calculations are up to the employer. The law says you are entitled to up to 12 weeks, if you qualify. It's up to the employer if they want to count by the hour, day, or week (calendar days/weeks, not business days/weeks). They can also decide what 12 month period to use when determining eligibility - calendar year, or rolling year. In a calendar year, the clock restarts every January 1 (or whatever date they use, like their start of their fiscal year). For a rolling year, the clock starts the day your leave starts. So if you start leave on May 1, and use your full 12 weeks, you aren't eligible for more FMLA until May 1 of the next year. If you take part of your leave, say 6 weeks, you will only have 6 weeks remaining until May 1 of the next year, at which time you'll be eligible for 12 weeks again.

At my company, I calculate by the day, on a rolling year method.

[PZMommy]

FMLA calculations are up to the employer. The law says you are entitled to up to 12 weeks, if you qualify. It's up to the employer if they want to count by the hour, day, or week (calendar days/weeks, not business days/weeks). They can also decide what 12 month period to use when determining eligibility - calendar year, or rolling year. In a calendar year, the clock restarts every January 1 (or whatever date they use, like their start of their fiscal year). For a rolling year, the clock starts the day your leave starts. So if you start leave on May 1, and use your full 12 weeks, you aren't eligible for more FMLA until May 1 of the next year. If you take part of your leave, say 6 weeks, you will only have 6 weeks remaining until May 1 of the next year, at which time you'll be eligible for 12 weeks again.

At my company, I calculate by the day, on a rolling year method.

I was told we had to work a full year in between FMLA ending and taking it again. Is this up to the employer? If not, then I need to pursue things with my employer. I work for a large school I strict and our HR dept is pretty worthless.

[dhano923]

I was told we had to work a full year in between FMLA ending and taking it again. Is this up to the employer? If not, then I need to pursue things with my employer. I work for a large school I strict and our HR dept is pretty worthless.

You get 12 weeks in a 12 month period. If you used your full 12 weeks, the you would have to wait until the start of the new 12 month period before you are entitled to more FMLA.