I was told by my clients case manager through SDS and safe leave as well as SEIU union that my job was protected and they would hire a temporary. I had reason to believe that my job would be at risk because my client was being manipulated and exploited by her granddaughter and her granddaughter suspected that I was the cause of it. After being on paid leave for a month that granddaughter got a hold of me and said she could not guarantee that I would have a job to come back to if I could not help out on my free time with her grandma. I told her that it was against the rules for me to do that because if I can work then I don't need paid leave. I had to move and find a place that I can commute back and forth to work since my client is out of town and it was hard to do. I picked something quick because I was afraid nothing else would come along and I lost $1,200 to get out of that lease because by the time I was done I was told I no longer had a job. She said her new home care worker that she hired for her grandmother was a single mother and needed the money so if she did let me come back I would only get half my hours. My life was already in shambles and I no longer had a house or anything else and now I don't have a job either?! I had just paid to get out of the new lease and was trying to get a new place but can't fill out applications now because I don't actually have a job! So I'm now homeless on top of everything else I've been through. I would have never taken safe leave/paid leave if I had thought that this would have been the outcome. My consumer employer which is her grandmother still wants me to come back and still asks when I'm coming back. (Her granddaughter hid her Grandpad and her phone so we can only talk when her granddaughter calls and puts me on speaker so she can listen in) Granddaughter does not have POA but did have one in Florida previously. This wasn't just the job for me. I spent 60 hours a week with this woman for 2 years! I care deeply for her and I promised her I was coming back when I left. Now my world has been turned upside down and when I can talk to my client which is not very often, it's without any privacy. Her dementia has gotten twice as bad since they moved her to a new place and her husband died of 51 years who was in a different state and she never got to see him. That and the stress from being in a house with a nine year old kid and a bunch of people that she's not used to has her completely spinning. I've talked to all the agencies and nobody will help me and nobody will help her. It's awful :-( I hope that they put something in place for the rest of the caregivers in the state so that nobody takes this safe leave because it's not safe! It's not safe at all! This is so wrong. Senior and disabled services said they're not firing me. I just have to find another client. Really?! Sounds to me like I need to find another job which means I got fired. Ugh.If have had any problems similar to this on safe leave please comment as I am lost to the process if there is one. Thank you so much for reading. ❤️
I still think your agency has to guarentee a job, but I don't think any Client can be made to take back an aide they no longer want in their home. Yes, a client can make their own decisions if they are competent to do so. But if found incompetent to make informed decisions, then the POA is invoked and that person makes the decisions.
The only thing I can see happening is you proving the client is competent so POA is not invoked. Meaning daughter cannot make decisions for Client.
Let me put this another way. If you took family leave for a length of time to care for a family member, yes your employer has to guarentee you "a" job with the same pay when u return. But it does not mean you will get the job you left. Again, this client, IMO, does not have to take you back.
I did nothing wrong previously and my employment. I simply did not come back when my consumer employer's granddaughter asked me to because she didn't want to take care of grandmother alone and was struggling. She is supposed to hire a new temporary until I come back from my paid leave because my job is supposed to be guaranteed safe. It however was not and nobody from any of the agencies is helping me. I'm traumatized from this whole experience. I had already lost my partner of 7 years and my three bedroom home and my son. I was trying to pick up the pieces and now my job is gone too.
I did finally find a reference to the law and it was done incorrectly. I have been in touch with the bureau of Labor and am filing and I have been advised to get a lawyer for civil action. I only hope that this doesn't happen to more hcws. I feel as though the rug has been pulled out from underneath me :-(
Also My consumer employer AKA my client did not ask for me to be dismissed. Her granddaughter moved in with her and then took it upon herself to do it or ask for it without her permission. Whether there is a POA in place or not, in Oregon we allow our elderly to make their own decisions and preferences as long as they are safe and in the best interest of the client. I know her and take very good care of her and her granddaughter cannot deny any of this. Her wish is for me to be out of the picture as she does not want anybody turning in her in or aware of anything going on behind closed doors. It's definitely a retaliation and not at all legal as far as I'm concerned.
Office of Aging says they are not firing you, you just need to find another client. Do they not help with this? Then you were going against the rules and moving to help with Grandma?
If you worked in a NH, Hospital or for an agency, I could see your job being guarenteed but this is a private individual that has the ability to say "I want a different aide". And, if the grand had POA in Florida she has it in Oregon. POAs can go over State lines.
"Safe leave is generally leave from work for eligible employees who are survivors of gender-based violence and harassment to seek help, support, and services related to the violence they've experienced or for family members of such survivors to. assist in fulfilling those needs.Sep 1, 2024"
"The Service Employees International Union (SEIU) is a labor union that represents workers in Oregon in healthcare, public services, and property services"
I think our OP isn't back, so likely found his/her answer elsewhere. Hope so.
I sure can and do wish you good luck in following this up with the proper chain of authorities.