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Old 11-29-2012, 01:14 AM   #1
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food allergies and daycare staff- wisconsin

Ok Im alregic to seafood, fish and paypa. I have informed my employer, filed out the form, and even told the kichen staff. Today they sent tropical fruit (with paypa) to our classroom and a fish entree. My boss told me that I should pack a lunch. Is this legal? There feeding all the other staff.
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Old 11-29-2012, 02:06 AM   #2
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Does it say in your contract that they will provide you food?
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Old 11-29-2012, 08:32 AM   #3
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I would guess that it is legal, but i do not know for sure.

I am a HeadStart teacher at a very small school where lunch is provided for the classroom staff. At this school, there is only one meal provided. If you (generic) are not able to eat the meal, there is no alternative except to bring your own. I have worked at very large schools (1000+ kids) where many different alternative meals are available, but it is not reasonable to expect a small school to have the resources to make a separate meal for one person.

Now, I would expect that your employer must allow you time to eat the meal you bring from home.
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Old 11-29-2012, 08:57 AM   #4
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I am moving this to the disABILITIES Community Board where it will be on topic.

My guess is that it is legal. If your contract specifies they provide food for the teachers, you may have an argument that you are being not 'paid' the same as other staff if they often serve food you can't eat. But, my guess it is all legal for them to provide the food and individuals have to bring their own food for meals where the provided food does not work for them.
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Old 11-29-2012, 10:18 AM   #5
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When I first started with my current company, they provided hot lunch every day. Due to my allergies, I couldn't eat that lunch. They still provide breakfast foods (bagels & english muffins with butter & cream cheese). I can't eat that either. I look at these offerings as a company benefit. I will never be able to take advantage of every company benefit that is offered and this is just one more that I can't use because of conditions within my own life.

Of course in my case it isn't written into my contract that they have to provide me lunch. If it's part of your contract then that would be different situation.
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