By law can a major corporation such as A&P, make a full time employee
work past the time they need to pick up their children from child
care? I'm recently divorced and have primary custody. The company told
me that these are the hours available and that's what you work or! I
CAN NOT work past 5pm in order to pick up my children by 6pm. I live
approx. 1hr. from the store I work in. Als I was told this is the
nearest I can get to home. Sorry I'm not a very good typist so please
excuse the trpo's! Can you help me?
                                         
                                          Thanks !
                                             MAPS

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Request for Question Clarification by weisstho-ga on 18 Nov 2002 22:09 PST

What state do you live in, MAPS?

Laws differ from place to place, but I very much doubt that any
jurisdiction gives an employee the right to dictate his or her
acceptable working hours, and requires the employer to comply.

While I sympathize with your situation, it sounds to me as if you need
to find a job with more suitable hours.

It's important to understand that the A&P is NOT forcing you work past
5:00; they are simply making it a job requirement. If you don't want
to, they have the right to find somebody who does. Employers have the
right to make all sorts of job requirements, as long as they don't
violate the Fair Labor Standards Act.

http://www.dol.gov/elaws/esa/flsa/screen6.asp

I agree. I am quite familiar with the Employment Standards Act here in
BC, and there is no provision in our law that would allow you to leave
by 5PM. Basically, on the legal side, the job has requirements. Some
of them are basic, such as show up on time. Probably personal hygiene,
procedures to follow, stuff like that. In your case, one of the
requirements of your job is that your position involves working to a
certain time. There may be a reason for this, such as a lack of other
employee coverage available, or the company may simply be hardlining
on a corporate policy.

However, having a law that says you could get off early would be akin
to one saying you don't have to fill out a return form in duplicate.
The procedures, policies, and requirements of the job aren't goverened
by laws to such a minute level.

If you cannot work it out with your employer, I would advide you to
seek other employment.

I'm sorry there isn't a better answer for you. One would hope that
employers would care enough about employees to make exceptions, but
not always.