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Re: Xolair, asthma, ADA

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Mold needs to be cleaned up. It won't pass home inspection and it

should not be allowed in a school environment.An air filter won't fix

it..I am sure that the mold problem should be reported somewhere.

-----Original Message-----

From: meencantador <meencantador@...>

Sent: Wed, 20 Aug 2008 5:02 pm

Subject: [ ] Xolair, asthma, ADA

The classroom I work in has a bad mold problem. 3 years now, nothing

has been done. A veteran teacher went to admin and said in accordance

to th ADA accommodations must be made, get an air filter. None so far

has been produced

This year I asked if my grading/palnning period could be at the end

of the day bc it is over an hour's drive to the dr. New admin said

fair enough, under the ADA, accommodations must be made.

My schedule was to not have a career ed class. Career ed coordinator

made a stink about it so now I have a career ed class again and have

to dip into my sick time.

What irks me, and I didn't believe it til I saw it with my own eyes,

her friends all don't have a career ed class.

Does anyone know if I have grounds to say something? (It is prob yes

but I dont know how to go about it effectively without being reactive)

I dont understand why the admin gave the ok first, then backed out

I told him I have to leave 2x a month, he said it's not acceptable.

If I take too much sick time I get written up. But this is legite. I

am not taking off bc Walmart has a sale.

There is documentation I go 2x amonth and it's been in effect for

quite some time. I don't know if I have a leg to stand on to fight

this one

Ideas?

The union has not been much help:(

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Hi Meencantador,

 

 

A couple things you should be protected by FMLA for any sick time.

http://www.dol.gov/esa/whd/fmla/

 

You might need consult an attorney about your ADA protection and the school

district following thru with reasonable accomadation.

 

Also maybe this mold situation in the schools needs to get out to the media.

 

Best to you in your fight against the powers that be and mold,

 

Laurie

From: psychoratzilla@... <psychoratzilla@...>

Subject: Re: [ ] Xolair, asthma, ADA

Date: Wednesday, August 20, 2008, 5:55 PM

Mold needs to be cleaned up. It won't pass home inspection and it

should not be allowed in a school environment. An air filter won't fix

it..I am sure that the mold problem should be reported somewhere.

-----Original Message-----

From: meencantador <meencantador>

Sent: Wed, 20 Aug 2008 5:02 pm

Subject: [ ] Xolair, asthma, ADA

The classroom I work in has a bad mold problem. 3 years now, nothing

has been done. A veteran teacher went to admin and said in accordance

to th ADA accommodations must be made, get an air filter. None so far

has been produced

This year I asked if my grading/palnning period could be at the end

of the day bc it is over an hour's drive to the dr. New admin said

fair enough, under the ADA, accommodations must be made.

My schedule was to not have a career ed class. Career ed coordinator

made a stink about it so now I have a career ed class again and have

to dip into my sick time.

What irks me, and I didn't believe it til I saw it with my own eyes,

her friends all don't have a career ed class.

Does anyone know if I have grounds to say something? (It is prob yes

but I dont know how to go about it effectively without being reactive)

I dont understand why the admin gave the ok first, then backed out

I told him I have to leave 2x a month, he said it's not acceptable.

If I take too much sick time I get written up. But this is legite. I

am not taking off bc Walmart has a sale.

There is documentation I go 2x amonth and it's been in effect for

quite some time. I don't know if I have a leg to stand on to fight

this one

Ideas?

The union has not been much help:(

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Mold is unhealthy and even harmful to the children as well as the

staff. Laws vary according to the state but ... perhaps OSHA might

be considered. It would be good for parents to know their children

are in an unsafe and unhealthy environment. Of course, there could

be political fall-out too so plan ahead ....

I would tend to keep the unhealthy/unsafe workplace issues separate

from your own health issues but that's just my opinion and it would

definitely be best to get expert advice on the situation.

Re sick leave ... probably the school district and/or the state has

official policies. However, if they waive those policies (and I'm

sure not a lawyer) for some employees and not for others then you

might have a case. As for scheduling you to teach something that

interferes with your med treatment ... that's a bit more dicey. An

employer has the right to expect an employee to be ready to work

during the agreed-upon time. At the same time, there should be

reasonable accomodation given as noted in ADA. I thought ADA

referred more to accessability but you might check w/an attorney.

Hope it turns out well for you; that's one of the reasons I stopped

Xolair because it was so difficult and time consuming to get there.

Unfortunately, the other options right now just aren't that great,

either.

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I work for a hvac company and we've been called in too many times to

count for class action lawsuits against counties because of mold

issues in jails. I'm sure the same thing can be done for schools if

it comes to that. Also, when (not if) they do something about the

mold, cleaning does not make it go away. We have to get a industrial

hygienist to do testing and then a remediation company to get rid of

it.

On the sick leave, if they are making exceptions for others and not

for you that is discrimination. I doubt they really want to open

that can of worms.

Basically, take care of you, but if you use certain " key " words to

someone that can do something or should know better, it will get them

into action out of fear of lawsuits.

--- In , " instdesgn1 " <instdesgn1@...>

wrote:

>

> Mold is unhealthy and even harmful to the children as well as the

> staff. Laws vary according to the state but ... perhaps OSHA might

> be considered. It would be good for parents to know their children

> are in an unsafe and unhealthy environment. Of course, there could

> be political fall-out too so plan ahead ....

>

> I would tend to keep the unhealthy/unsafe workplace issues

separate

> from your own health issues but that's just my opinion and it would

> definitely be best to get expert advice on the situation.

>

> Re sick leave ... probably the school district and/or the state has

> official policies. However, if they waive those policies (and I'm

> sure not a lawyer) for some employees and not for others then you

> might have a case. As for scheduling you to teach something that

> interferes with your med treatment ... that's a bit more dicey. An

> employer has the right to expect an employee to be ready to work

> during the agreed-upon time. At the same time, there should be

> reasonable accomodation given as noted in ADA. I thought ADA

> referred more to accessability but you might check w/an attorney.

>

> Hope it turns out well for you; that's one of the reasons I stopped

> Xolair because it was so difficult and time consuming to get

there.

> Unfortunately, the other options right now just aren't that great,

> either.

>

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