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No Help for single fathers Texas

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  • No Help for single fathers Texas

    Hi all,

    I am new to this board and i came upon this board on a prayer. I am hopeing that someone out there can help me and my friend. Here is the short version of the story. I have a friend of mine who's daughter was diagnosed with Epilepsy at the age of 2(she is now 6). Last year her mother (on all days, april 1) decided to up and leave and take over half of everything even the kids things and left, didn't take the kids with her, just abandon them along with their father. The mother was later diagnosed with a mental condition called bi-polar. So on a minutes noticed my friend became a single father with a child that has a disibility. Has struggled this passed year with trying to pay the bills and everything else. He lost his job cause he was taking off to much time cause of his daughter. There is no daycare around that would take her with her condition that would be cheap enough that he can afford. He lost his kids to foster care (due to not being able to take care of them). He went back to work in construction, then he got his old job back at the company before making $12 an hour. he was doing great. Then the foster system called and said that his daughter was in the hospital not doing good so he left work, and went to be with her. After a month in the hospital, he got his kids back. Because of her condition he hasn't been able to return to work. Work said they would work with him with his daughter, and they understand what he is going thru

    He has been to every agency there is CPS, Department of health, dept. of housing, etc. he went today to apply for foodstamps and tanf, they told him that he doesn't have a job since he hasn't been to work in almost a month, so basically he has to go to worksource to find a job(when he already has one) they can't give him foodstamps of tanf for almost a month cause he has to take work classes and such. He went to work to explain to them what was going on and they told him since he hasn't been there cause of his daughter he got a cut in pay($10 an hour) and a demotion(he was a machine operator) to a general laborer. Dept of housing can't help cause they don't have funds for his rent, and he is about to loose his place of living. If he looses that the chances of him loosing his kids again will be great, and he doesn't want that. He can't get help anywhere and he is getting so frustrated.

    The mother has only saw the kids maybe 5 times since she left. When the daughter went into the hospital the very first day, she told my friend that you minus well give up on her cause i have, she isn't going to make it thru this. You see at the divorce hearing he gave custody to her cause she made less money than what he made at the time, so this way his daughter won't loose her ssi and her medicad. He was only doing that to think of the best interest for the child. She told him after the judge hit the gavel that she didn't want her daughter cause she wasn't perfect. she wanted the son cause he didn't have any medical conditions. He now has custody of the kids(but not on paper) she still has legal custody of them thru the courts. He can't even get that changed cause he doesn't have the money to pay for an attorney. The mother can come and take them at any time and there is nothing he can do about it.

    Just to let you know, the mother is no where to be found, she is in hiding, she is a drug user and selling her body for drugs and money. Is there any adivice anyone can throw me so I can help my friend out please. I know at the begining I said this is the short version...... and this is.... you ought to hear the long version.

    I appreciate any help that you can give me so I can pass it on to my friend. He is so upset right now, and so confused that he doesn't know what to do or where to turn to get help. Thank you so much in taking time to read this. I know it is long but I wanted you to get the idea of what was going on. Thanks in advance

    Mommybdj

  • #2
    This forum is for employment law issues. Try posting this in the family law forum.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

    Comment


    • #3
      This is both

      This is both family and labor cause need to know if he can get demoted and reduce in pay over this. does the ADA allow employers to do this

      Comment


      • #4
        The Americans with Disabilities Act has nothing to do with this. Being a single father is not a recognized disability.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          The purpose of the Americans with Disabilities Act is to keep employees working, not to provide them with unlimited leave time.

          The Family and Medical Leave Act would provide your friend with 12 weeks of unpaid leave (which he could take intermittently if necessary) to care for his daughter's epilepsy if:

          1. The company has 50 or more employees within 75 miles of his job site.
          2. He has worked for the company more than 1 year.
          3. He has worked 1,250 in the past year.
          I am not able to respond to private messages. Thanks!

          Comment


          • #6
            They could not demote him because he had a family member with a disability, but they can in spite of it. Personal obligations interferring with his ability to do the job (including regular attendance) is not the same thing and can be used as a reason for demotion.

            FMLA would actually be more of a factor than ADA. Under FMLA he could be transfered to another position temporarily while using intermittent leave. When he no longer needs leave he would need to be restored to his former position. It sounds like he is well beyond FMLA's 12 weeks though, even assuming he has been ther long enough and worked enough hours to qualify.

            The situation with the ex, legal custody, and his trials with welfare agencies are not really relevant at all here. They have nothing to do with his employment or employer.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment


            • #7
              I know that they have nothing to do with the labor laws but I used that also to let you know what was going on... kind of a background I guess you can say. I did post this also in the family law for Texas forum. One of the biggest things was his cut in pay and his demotion. I understand that the other stuff is a different law. Ok so I made a mistake and posted to much information. Like I said I am new so next time I will cut it short. I am sorry. I just was so worked up at 4am this morning.

              So you are saying Elle, That they can demote him but when he returns back to work they have to give him his position back? What about his cut in pay? can they do that cause of his daughter?

              Comment


              • #8
                They cannot demote him or cut his pay BECAUSE he has a disabled daughter. They CAN demote him and/or cut his pay because he has taken too much time away from work, EVEN IF those absences are because of his daughter.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment


                • #9
                  I forgot to mention that he has been with this company for 6 yrs, he left and he just came back in the end of april or begining of may. he has worked for them for alot of hours(counting overtime and stuff.) If his company is not 50+ employee's what does that change? Say they company is 50+ employee's ...as far as the FMLA if they didn't offer it to him he had to basically leave on a emergency case... and just hasn't been back to work(but keeping them in contact of what is going on) do they have to offer it to him? I will check later today and see how big the company is

                  Comment


                  • #10
                    FMLA does not cover all businesses. In order for a business to be covered, it must have 50 employees within 75 miles of the affected employee's job site. If his company does not have 50 or more employees within 75 miles of where your friend works, then it is not subject to FMLA and does not have to provide him with any protected leave.
                    I am not able to respond to private messages. Thanks!

                    Comment


                    • #11
                      I am about to leave to talk to my friend. Before I do let me ask you this question. If this is a 2nd office, does it have to be 50 employee's just in the second office, or can the 50 employee's consist of the other office also? can their be like 25 at one and all live within a 75 mile radius of that company and 26 at the 2nd company and all live with in 75 miles of that office?

                      Comment


                      • #12
                        All employees within a 75-mile radius are counted. So if there are 25 employees in one office and 30 in another office up to 75 miles away, the criteria would be met.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                        Comment


                        • #13
                          Inm order to qualify for FMLA he would also have to have worked a minimum of 1250 hours in the past year. If he was gone for months and just came back in April, he probably wouldn't have that. It only counts the hours he actually was at work, not those when he was an employee but off for other reasons.

                          If FMLA is at stake here, then while he is taking intermittent leave he may be "demoted" to another position that better allows for leave. Say you are aReceptionist, who is kind of hard to do without, needs to take off two days a week for two months to take her mother to therapy. Your employer could transfer you for those 2 months to a file clerk position where it isn't as necessary that you be there everyday. Once your 2 months are up and you no longer need the intermittent leave, then you should be transfered back to Receptionist. If the Receptionist doesn't qualify for FMLA, or once the equivalent of 12 weeks is up, her right to be reinstated to her former position no longer exists.

                          ADA is silent on reinstatement other than to say that the employer may not take adverse action aginst an employee because they have a disabled relative. If they employer above decided that they didn't want to have this person as a Receptionist anymore because she had a disabled mother, that would be prohibited by law. Demoting/transferring her while on FMLA, because she doesn't qualify for FMLA, or because her FMLA is expired would still be legal even if the reason for needing the leave is a disabled relative.
                          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                          Comment


                          • #14
                            Thank you all for all your post on this. I think I understand this now. basically in a nutshell there is nothing he can do The company has the right to demote him and cut his pay. I guess the good thing to look at is that he still has a job.

                            I talked to him and he said that there is 2nd office and that it is in Fla. so that rules out the 75 mile rule.

                            That basically answers all my questions but one. When he does go back to work, can the company have him do his old job, but still not give him the title and the pay he had? Do they have the right to give him the lead operator's duties at the low pay and general operator? I hope that I have worded that correctly.

                            Again thank you to everyone that has answered my questions. I appreciate all the responses and have told him what was said. Have a wonderful day

                            Comment


                            • #15
                              No laws address what title someone is given or what their pay must be per their duties so, if they wanted to, yes, they could keep his pay and title as operator and have him to the work of a lead. I don't know why they would, but it would be legal.
                              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                              Comment

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