I'll try to make this short and to the point. I'm a long-term quad, retired, and my wife works full-time at WalMart as a cashier. I'm the typical house-husband, I do the meal preparation and cooking, clean as much as I'm able, and laundry. She helps me with my personal care, BP routine, etc., which I try to do evenings or on her days off. Most of the time it works out OK for both of us and she doesn't have to miss any time at work to help me. There are occasions when she either has to unexpectedly call in the morning and stay home to help me or I have to call her to leave work and come home to help me with an unexpected BM situation. It is not physically possible for me to do it myself or I would. PCAs or a relative are not viable options due to cost and availability.

The FMLA covers such situations from what I've researched. She's worked at WalMart for over six years and this whole situation was never an issue until recently. Her previous managers and supervisors were very supportive and understanding. We supplied all paperwork and medical documentation from my doctor/clinic describing my condition and associated care issues so they'd have it on file. She'd just call in, say she had to help me and everything was cool.

She has a new store manager since last year and things seemed to have changed. She's been 'counseled' several times and they want to 'work with her' to 'resolve the situation'. Short of miraculous healing or stand-by live-in care, there is no resolution to the situation. I filled out all the forms the FMLA requires, gotten documentation from my doctor describing in detail what's involved in my personal care and why this is a normal, expected, and unchangeable part of being an SCI.
She is still being called on the carpet over this. They have an open door policy at WalMart for employees where, if the feel they aren't getting a problem resolved, they can go to the next rung up the management ladder and talk to them. So, after the last incident, she requested a meeting with the District Manager to put the issue to rest. It's scheduled for 8/15/08.

Under the FMLA, as we understand it, she has the right to take unscheduled or intermittent leave to help with family member medical issues and not have her employment terminated or changed. She can use either accrued paid leave or unpaid leave.

She, we really, feel she is being badgered and/or harassed over this. It's not possible for her to tell them to take the job and shove it; we need the income. At the same time, she will not be a door-mat. She'd like some input from some others who may have dealt with similar issues and may have some suggestions before she meets with the District Manager next week. She plans to tell him, tactfully of course, that she will work her way up the corporate ladder until the issue is put to rest and failing that, seek legal counsel to put an end to the badgering.

I told her to ask point-blank why this has suddenly become an issue after six years and who is making it an issue. She received a hand-out at work back in March saying WalMart is bringing their policies in line with FMLA. If that's the case, then they shouldn't be giving her crap over the whole issue. We've complied with all requirements of the FMLA since Day One of her employment.

Your input appreciated.

Quad65,

You are absolutely correct and Walmart is out of line. I cannot stand Walmart and how they treat their employees. They are a large enough company and are required to follow the FMLA. For 18 years when my husband and I lived in the Midwest, all I had to do was just tell my boss I needed to go home to help my husband, sometimes I would drive the 25 miles back and sometimes I would just stay home. My boss was the director of the agency and he was my only boss. If he wasn't there, I just made sure I told the secretaries where I was going. I worked for a small non-profit agency and I was never asked for documentation. Everyone at my work knew my husband was in a wheelchair and never asked questions about why I needed to leave to help him. How humiliating to have to explain this situation.

This is without doubt harassment. Do you have an attorney you can consult on this issue? Your wife should not have to go to work and worry about losing her job when you need her. Maybe your wife is better off working somewhere else. My hubby works part time for Home Depot and he's had accidents at work and had to come home and they tell him it's fine and he clocks out and doesn't go back b/c it's not worth it after taking the time to clean up.

Have you read my post about fighting for the rights of disabled persons? I'm trying to get all of us to band together and write, call, email and bombard these companies who refuse to accommodate people with disabilities and/or family members. I'd be willing to write a letter to Walmart letting them know how appauld I am with your situation and let them know I'll stop shopping at Walmart. I've been meaning to write to them anyway b/c once I bought a work shirt for my husband and the checker forgot to place it in my bag. My husband went up with the receipt the next day to get the shirt and the lady at Customer Service told him to go get one. My husband couldn't fit his chair through the aisle to reach the shirt. Not one worker at Walmart offered to help, so another shopper helped my husband and he wheeled himself back up to Customer Service and got the hell out of there. They really should have gotten the shirt for him since it was their mistake anyway.

In your situation, someone in management has a stick up his or her ass. If you don't have an attorney to consult, you may be able to find a free legal service just to ask about options. Who knows maybe an attorney might think it would be worth going after Walmart. I'm sure your wife goes to work and worries if you will be okay or not. I know I used to when I worked full time. So why should she work at this place that is causing her to worry even more? Just my opinion of course. Let me know what happens. I wish you all the best.
HAPA

BTW the pay and benefits are better at Home Depot.