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I'm having an issue at my current place of employment. I was hired recently - 6 months ago - in which I was told, during the interview, that there are early starts. I work at a healthcare institute in New York State, in the HR office. I do not work 9-5, but 8-4 or 7-3 (on a good day, which is rare, will I actually get out after 8 hours of work or get a lunch break). I assumed that's what they meant by early starts. Recently, however, I've been told that 6-2 shifts will be necessary, and these are often with very little notice - a day or two is given. After commenting that this may not be feasible for my schedule, I was called into the boss' office and told that I was expected to comply with early hours, with little notice, upon hire.
This has been one of many issues at this place, others that include some of my colleague making completely made up scenarios in which I visit social media websites and make personal calls during work hours (there is no service in my office - it is impossible to use my cell phone). But, to stick on topic, I'd like to know if an exempt employee is required to report to work at any or all hours expected by management. I actually quite like my job, and I don't want to complain about it as there are so many people out of work, but I have a husband on dialysis and this requires that I drive him to the hospital three times a week at 6 am, drop him off, and then go home to get ready, take the train to work, and when I return, I pick him up. I have not shared this with my employers, as, frankly, I feel that it is none of their business and they have made it clear to me that personal lives have no place at work.
Do I have any right to request fair notice of early hours so I can make alternative arrangements for my husband, or is it more appropriate to go back to looking for another job?
I'm having an issue at my current place of employment. I was hired recently - 6 months ago - in which I was told, during the interview, that there are early starts. I work at a healthcare institute in New York State, in the HR office. I do not work 9-5, but 8-4 or 7-3 (on a good day, which is rare, will I actually get out after 8 hours of work or get a lunch break). I assumed that's what they meant by early starts. Recently, however, I've been told that 6-2 shifts will be necessary, and these are often with very little notice - a day or two is given. After commenting that this may not be feasible for my schedule, I was called into the boss' office and told that I was expected to comply with early hours, with little notice, upon hire.
This has been one of many issues at this place, others that include some of my colleague making completely made up scenarios in which I visit social media websites and make personal calls during work hours (there is no service in my office - it is impossible to use my cell phone). But, to stick on topic, I'd like to know if an exempt employee is required to report to work at any or all hours expected by management. I actually quite like my job, and I don't want to complain about it as there are so many people out of work, but I have a husband on dialysis and this requires that I drive him to the hospital three times a week at 6 am, drop him off, and then go home to get ready, take the train to work, and when I return, I pick him up. I have not shared this with my employers, as, frankly, I feel that it is none of their business and they have made it clear to me that personal lives have no place at work.
Do I have any right to request fair notice of early hours so I can make alternative arrangements for my husband, or is it more appropriate to go back to looking for another job?
You probably should have asked how early the "early starts" are before accepting the position. If you can't arrange for someone else to drive your husband and you can't change the time of his appointments, you'll have to get a new job. They're within their rights.
I was told, during the interview, that there are early starts.
I assumed that's what they meant by early starts.
See what happens when you assume.
Just tell them about your husband. Perhaps they will accommodate you. You can't expect them to make an exception for you if you don't give them a valid reason.
There isn't any law that requires a certain amount of notice to announce a change in schedule. It sounds like you can work the 6-2 shift but you need to make alternate arrangements for your husband.
I'm having an issue at my current place of employment. I was hired recently - 6 months ago - in which I was told, during the interview, that there are early starts. I work at a healthcare institute in New York State, in the HR office. I do not work 9-5, but 8-4 or 7-3 (on a good day, which is rare, will I actually get out after 8 hours of work or get a lunch break). I assumed that's what they meant by early starts. Recently, however, I've been told that 6-2 shifts will be necessary, and these are often with very little notice - a day or two is given. After commenting that this may not be feasible for my schedule, I was called into the boss' office and told that I was expected to comply with early hours, with little notice, upon hire.
This has been one of many issues at this place, others that include some of my colleague making completely made up scenarios in which I visit social media websites and make personal calls during work hours (there is no service in my office - it is impossible to use my cell phone). But, to stick on topic, I'd like to know if an exempt employee is required to report to work at any or all hours expected by management. I actually quite like my job, and I don't want to complain about it as there are so many people out of work, but I have a husband on dialysis and this requires that I drive him to the hospital three times a week at 6 am, drop him off, and then go home to get ready, take the train to work, and when I return, I pick him up. I have not shared this with my employers, as, frankly, I feel that it is none of their business and they have made it clear to me that personal lives have no place at work.
Do I have any right to request fair notice of early hours so I can make alternative arrangements for my husband, or is it more appropriate to go back to looking for another job?
You probably should have asked how early the "early starts" are before accepting the position. If you can't arrange for someone else to drive your husband and you can't change the time of his appointments, you'll have to get a new job. They're within their rights.
You're absolutely right, I should have asked for my clarification. As a result, this whole mess has started.
I appreciate everyone's input. At least I now know where I stand.
Exempt is a crock, even in "liberal" states like NY with decent worker protection laws. As I said when I used to be on here a few years ago more often, it was put in when the overtime laws were created in the late 1930s so executives and their secretaries don't get paid overtime for time (usually sleeping) in planes, trains, hotels and golf outings on business trips. In this age of 24/7 hi tech communication it's a complete anachronism today that should be overhauled.
Basically "exempt" means you can be expected to work any and all hours/days without any extra compensation. The only "protection" exempt employees have is if you need to be out for part of a workday, they cannot dock your pay (however, if you have a bank of sick/personal/vacation days, they can dock that, but if you've used them up they still have to pay you for the whole day as long as you show up for work for some portion of it). Of course, if one constantly takes partial days off, there's nothing to stop them from making up "performance" issues to fire you, etc.
My advice would be to tell them why you can't start so early in the morning. If you are a valued employee they can't lose, they will likely accomodate as much as possible. If not, well then you know where you stand and what they are like and it's time to start looking, hard as that has been the last few years. Good luck!
You should check into using a cab service or other medical transportation for taking your husband to the 6am aoots, on days that you cannot do it. Do this for 6 months. Heck, your medical insurance might even cover it?? Not sure, but it's worth a try. Else you pay out of pocket. Then when you have 1 year service at your employer, you qualify for FMLA as long as your employer meets the qualifications about number of employees.
Then discuss with HR at your office and get the FMLA forms filled out by your husband's MD and submitted to HR. Let them know the schedule and that you will need those hours for FMLA related leave.
You can use FMLA hours/heave...in small incremenets here and there. Your husband's situation most likely meets FMLA guidelines. You just need to be at your company for 1 year to qualify.
So the cab fare would only be needed for the next 6 months.
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