Open Discussion Forum

  • 1.  Employee's Medical Concerns and Job Description

    Posted 07-27-2018 11:42 AM
    I have a teacher assistant who worked for 1 1/2 years without comment on the 1 hour we are outside with the children each day weather permitting following state guidelines.  But this year she went out on her own and made a complaint accompanied by a doctor's note stating due to medical reasons she can not be outside below 55 degrees and may not be able to be outside for the total time if her medical condition is affecting her that day regardless of the temperature.  We trade off during the outside time already to allow for bathroom breaks and room set up for the next center time.  
    There has been much discussion and upset that she is now able to make the choice to stay in with a doctor's note.  This is a permanent medical condition not a temporary issue.
    Since outside time is stated as part of the job description I was wondering if anyone has had experience dealing with a case such as this.
    In my experience in Early Childhood settings we all share equally in all of the care and needs of the children if we are to be employed in this field.

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    Early Childhood Classroom
    North Carolina

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  • 2.  RE: Employee's Medical Concerns and Job Description

    Posted 07-28-2018 02:02 AM
    Some directors I know would have this person scrubbing pots and pans and toilets during outside time.
    Without looking at the laws and regs, I would think the doctor's note covers her.  She could file an ADA discrimination suit against you if you fire her..  Does the ADA list specific disabilities and is hers one of them? (Heck, I tried to file for disability with the breast cancer and I was told I would not be sick long enough.)
    I would see if she would agree to go out for shorter periods of time and rotate outside with center time.  She could take a couple of groups out and so could the lead.  
    I would change the job description and playground policy  to include Must work outside in extreme temperatures, must be able to stand for long periods, must do zone coverage on playground, etc.

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    Patricia Jack
    Boulder City NV
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  • 3.  RE: Employee's Medical Concerns and Job Description

    Posted 07-28-2018 05:03 PM
    I would consult a lawyer if this situation is truly problematic for the school functioning within State rules. Does her staying inside affect ratios outdoors or make the environment outside dangerous - not enough adults?

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    Nora Krieger
    Associate Professor Emerita/ Chair NJEEPRE
    Bloomfield College/ New Jersey Educators Exploring the Practices of Reggio Emilia
    Highland Park NJ
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  • 4.  RE: Employee's Medical Concerns and Job Description

    Posted 07-28-2018 07:25 PM
    I think that I would have to chalk this one up as a "loss" and make sure everyone is being flexible to the needs of the Teacher.  As tough as that sounds, please check your Employee Handbook.  This concern could be seen as a "Disability" in the eyes of an Attorney because no one was aware of her condition during the Interview or at the time of hire. Thank you.  Dr. Void

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    Lois Void
    Friendship Public Charter Schools
    Washington DC
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  • 5.  RE: Employee's Medical Concerns and Job Description

    Posted 07-29-2018 08:09 AM
    I understand that this must be frustrating for everyone.  I wonder if it would help to do a little reframing.  If the employee has been a good teacher and coworker it might be helpful to keep this at the forefront.  How would you, and other staff members, want to be seen and treated in a similar situation?  It seems that there is some disbelief that she has a condition that necessitates her staying inside. I understand that too, but it's not useful to anyone.  You have the legal obligation to accommodate her so how can you make the best of it?  Someone mentioned having her scrub toilets.  I see no need to punish and humiliate her.  She should, however, be given other work to do while inside, whether in her own classroom or the center as a whole.  The other teachers need to know that she's working as much as they are.

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    Aren Stone
    Child Development Specialist
    The Early Years Project
    Cambridge, MA
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  • 6.  RE: Employee's Medical Concerns and Job Description

    Posted 07-29-2018 08:37 AM
    This happened in my room at a center I worked at a few years ago. I think you're looking at it wrong, or at least it sounds one-sided. In our case, the woman had Lupus, and it had affected her in certain ways (she did not have this when hired or for the first 2 years working with us). Then things changed. She was told to limit her outdoor time for length and temperatures. It was upsetting to us, as it is to you, because of schedules. While it was easy to get upset and frustrated, we needed to stop and think of her. Was she someone who shirked her duties? No. Was she someone who tried to get out of things? No. So, we worked around the situation. She went out earlier in the day, for 30 minutes, with a group within ratio. When she came in, the other teacher took the rest of the children out. During the afternoon outside time, if the weather was too hot, she switched with another staff in the building who knew the children, and outside time continued. It showed the children how to care about a friend who has a health issue, how to work around a stumbling block. Teaching care, love, empathy, it's part of our job. Punishing someone for an illness is not the message we want to send to our children or their parents, or our co-workers. If someone gets the flu, do you show them concern or do you give them a hard time for having to call out of work? How would you want to be treated? The teacher was able to keep her dignity and while inside, she worked on things that needed to be done for room or children for the rest of the day. No punishment.

    I do agree that it could also be considered a discrimination issue: 

    Disability

    According to the Americans with Disabilities Act of 1990, employers may not turn away qualified professionals due to a serious disability. In fact, many employers may be required to provide reasonable accommodations for a disabled hire. The document covers businesses with more than 15 employees.



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    Julie Davenport
    <g class="gr_ gr_304 gr-alert gr_spell gr_inline_cards gr_run_anim ContextualSpelling ins-del multiReplace" id="304" data-gr-id="304">UPK</g> Teacher Assistant
    YMCA Pre-K
    Harrisville, NY
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  • 7.  RE: Employee's Medical Concerns and Job Description

    Posted 07-30-2018 09:08 PM
    Thank you for all of your responses concerning this situation.  The responses will help frame the discussion we will need to have at the beginning of the this upcoming school year as to how we as a team will come to terms managing her needs and the needs of our students.

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    Pam Zornick
    Carrboro NC
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  • 8.  RE: Employee's Medical Concerns and Job Description

    Posted 07-29-2018 12:07 PM
    I know a few people have mentioned federal ADA, but North Carolina has their own, as well. Under the North Carolina Persons with Disabilities Protection Act, the term "disability" includes someone with a physical impairment that does not substantially limit major life activities but that is treated as constituting such a limitation. That describes what this teacher is dealing with, even though they may not be considered as having a disability under the ADA. 

    This is not something where personal feelings or suspicions can come into play, or have any bearing on the situation. There are plenty of legitimate conditions in which someone can only be in certain temperatures, or in the sun for certain lengths of time (I'm on medication that makes me much more susceptible to heat exhaustion, long before anyone else would be experiencing any effects, for example). Just because she was able to be outside before doesn't mean anything. Conditions develop, medications change, chronic illnesses appear. That is the reason the disabilities acts were created - so that employees can continue to work, with accommodations. Whether or not teachers are upset, the law is pretty clear on this.

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    Lydia M. Bowers
    Early Childhood Sexual Health Consultant
    www.lydiambowers.com
    NAEYC Affiliate Advisory Council
    Cincinnati, Ohio
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