OT: My DD arm broken at daycare, what next???

[dsnycrzy]

Hello all,
I am undecided at what to do about this situation so I'm going to need some opinions please. Here's the story.

Monday was my DD 1st day upstairs in summer camp. I was afraid for her to be up there because my oldest DD had a concussion from the head counselor who dropped her on her head at the pool, AND NEVER TOLD ME. Well that was years ago so I tried to think positive when sending my baby DD (5 yrs.old) up there. Well I checked on her once and her counselor asked me if DD was allergic to bubble gum because she told her that, I laughed and told her no but looking back on that moment she was kind of hesitant when coming over to ask me that (that was at about 2p.m.and I'm thinking the incident happened and she was afraid to tell me). At 4 :30, I go upstairs to get my child and this counselor tells me "she should sleep good because she looks like she's about to fall over". I say good night and get in my car. On the way home my DD starts telling me she fell out of the swing and hurt her arm because that counselor did the "underdog" on her. I asked her what that was and she described it as the counselor pushing the swing and then pushing and running under it to make you go real high. So slowly getting angry I asked what did she hit her arm on. SHE TOLD ME THE FLOOR . So trying to not show panic, I asked her about the rest of her day and she tells me right after that they tell her to get on the monkey bars and she was telling them no because she can't do that (most likely because her arm was hurting) well she then fell off and hurt her back and her arm she says. Now I'm so mad and can't wait to get back to work the next day. She eats a sandwich and mentions her arm hurting but I didn't see any swelling, so I gave her motrin and she went to sleep for the night. The next morning she wakes up holding her arm and whining that her arm hurts.I took her to the dr and she had xrays done. By the end of the day, I find out she has a fracture near her elbow and that I need to get the xrays films and take her to children hospital in the morning. When I get there, their xray find another fracture in her forearm as well and they put a cast on. After showing my supervisors the doctors reports an talking about the situation, I ask about how I will be paid for those 2 days I had to take off due to this and they tell me I have to use my personal days ARE YOU SERIOUS!!!!!! SOMEONE BROKE HER ARM HERE AND I HAVE TO USE MY DAYS OR NOT AND TAKE THAT WITHOUT PAY (I was saving my days for my WDW trip). I go to the top boss who tells me he can't change the rules but to put it in writing. I have been a loyal employer to this company for over 5 years and times are kind of hard and I don't just want to quit. But I feel really cheated and I am unsure what to do next. Any suggestions please. Sorry it's so long.

 

[krismom]

Wow- I am so sorry that this happened and I hope your daughter is feeling better. Now, that being said- I'd find a new daycare ASAP! Not disclosing the incident is absolutely unacceptable. And this happened to another daughter at the same center?! I know accidents happen- but when they do they need to be taken care of, not ignored! As far as your employment goes- do you have any protection under the Family Medical Leave Act? I believe that might be in effect in this case. Good luck to you and I hope the cast is off by your trip to Disney-

 

[AngieWin]

Daycare facilities have been sued for less than that. At a minimum I would report the facility to any state agencies for failure to report a major injury.

I hope she gets to feeling better and heals quickly!

 

[disneynewbee]

I don't know what can be done about the pay but I sure as heck would report them for not reporting the accident and find a new daycare before your DD gets hurt worse. The whole thing is scary.

 

[scanne]

Whoa....you first need to address the day care situation. My children have been in private day cares since they were 5 mos. old and never has anything like what you have described occurred. However, when something DID happen, I was immediately informed.

Example #1

When my DD was 2, she was bit by another child in her class. I was called about 5 minutes after it happened and had to sign an accident form when I picked her up. Her skin hadn't been broken, buf it was still a documented incident.

Example #2

Two weeks ago, my son was hit on the side of his forehead with a whiffle ball bat. I was called immediately by his teacher, she told me exactly what happened, what SHE did to help him and I was at the school within 30 minutes to take him to the doctor. Again, I had to sign an accident report.

So, something is seriously amiss at the day care center your child attends. You need to contact the state and inform them of what occurred and that you were not informed of an accident. Also, I do beleive you may have legal recourse in this situation. I would look into that, as well.

I hope your DD is feeling better and heals well!!! Please let us know what happens.

 

[DevilDuckie]

Hello all,
I am undecided at what to do about this situation so I'm going to need some opinions please. Here's the story.

Monday was my DD 1st day upstairs in summer camp. I was afraid for her to be up there because my oldest DD had a concussion from the head counselor who dropped her on her head at the pool, AND NEVER TOLD ME. Well that was years ago so I tried to think positive when sending my baby DD (5 yrs.old) up there. Well I checked on her once and her counselor asked me if DD was allergic to bubble gum because she told her that, I laughed and told her no but looking back on that moment she was kind of hesitant when coming over to ask me that (that was at about 2p.m.and I'm thinking the incident happened and she was afraid to tell me). At 4 :30, I go upstairs to get my child and this counselor tells me "she should sleep good because she looks like she's about to fall over". I say good night and get in my car. On the way home my DD starts telling me she fell out of the swing and hurt her arm because that counselor did the "underdog" on her. I asked her what that was and she described it as the counselor pushing the swing and then pushing and running under it to make you go real high. So slowly getting angry I asked what did she hit her arm on. SHE TOLD ME THE FLOOR . So trying to not show panic, I asked her about the rest of her day and she tells me right after that they tell her to get on the monkey bars and she was telling them no because she can't do that (most likely because her arm was hurting) well she then fell off and hurt her back and her arm she says. Now I'm so mad and can't wait to get back to work the next day. She eats a sandwich and mentions her arm hurting but I didn't see any swelling, so I gave her motrin and she went to sleep for the night. The next morning she wakes up holding her arm and whining that her arm hurts.I took her to the dr and she had xrays done. By the end of the day, I find out she has a fracture near her elbow and that I need to get the xrays films and take her to children hospital in the morning. When I get there, their xray find another fracture in her forearm as well and they put a cast on. After showing my supervisors the doctors reports an talking about the situation, I ask about how I will be paid for those 2 days I had to take off due to this and they tell me I have to use my personal days ARE YOU SERIOUS!!!!!! SOMEONE BROKE HER ARM HERE AND I HAVE TO USE MY DAYS OR NOT AND TAKE THAT WITHOUT PAY (I was saving my days for my WDW trip). I go to the top boss who tells me he can't change the rules but to put it in writing. I have been a loyal employer to this company for over 5 years and times are kind of hard and I don't just want to quit. But I feel really cheated and I am unsure what to do next. Any suggestions please. Sorry it's so long.

I guess the first question is, after these people left your kid untreated for a concussion, why did you leave your kids there? PLEASE tell us you're not sending her back! This is not a safe situation for your baby.

As for the work... well, that's what personal days are for, right? Some employers allow you to use sick leave (if you have it) for kids but other than that, what did you want them to do? What do you feel would be a reasonable thing for them to do for you?

 

[bumbershoot]

I guess the first question is, after these people left your kid untreated for a concussion, why did you leave your kids there? PLEASE tell us you're not sending her back! This is not a safe situation for your baby.

As for the work... well, that's what personal days are for, right? Some employers allow you to use sick leave (if you have it) for kids but other than that, what did you want them to do? What do you feel would be a reasonable thing for them to do for you?

She said that the concussion incident was years ago. I know that I can't imagine trusting a place again after that, but who knows?

I agree with the personal days comment. That's what they are for. It's one of the things with being a parent, that sometimes sick (or personal) days aren't for when YOU are sick...



As I was reading I was getting nauseous, just thinking about your poor daughter's day, and how quickly I would be contacting my friend's sister who is a family attorney, to find out what I should and could do.

I looked up DE FMLA's info:

At least one of the following shall be satisfied: inpatient hospital care; absence from work or school for more than 3 consecutive calendar days that involves continuing care by a health care provider; continuing treatment for a chronic serious health condition; continuing treatment for a serious health condition that if not treated would result in incapacity for more than 3 days; and any period of incapacity prenatal care.

And this is what got me when I had to take FMLA:

Employees on FMLA shall use available accrued annual and/or accrued sick leave with the exception of one workweek of annual leave and one workweek of sick leave

Gotta use up some or all (in my case) of your time first, THEN take it.

And it's possible it's unpaid, like WA state's is.


OP, what if you talk to them about taking the time, and then making it back? My husband is salaried but it's a weird salary, where they DO have to be at their desk a certain number of hours. Hubby has gone over his sick and vacation time this year, b/c in our old place we kept getting sick as dogs, and they are letting him make up those days so he "gets back" his sick and vacay time. Is that a possibility?

 

[squirrel]

Is the daycare in your workplace? It kind of sounded like it is. If it is you would think your employer would be more accomidating to you needing days off for an incident that happened onsite.

Definately don't send her back there. Not sure what the rules are like in your area but up here in BC- you would have reason to pull her out and not have to give notice or have to pay for childcare. You would also be able to go to court to collect the money from any days that you have paid for that aren't used (ex. the date of the incident to the end of the month-if you pay by month).

Call licensing that is incharge of the centre to report the incident with them. If the centre is not reporting accidents to the parents then they most likely aren't reporting them to the licensing board.

 

[dsnycrzy]

As for my personals days, Yes I would hope they would have paid me without me using the personal days that I have accumulated (we get a certain amount per month now) since I have gone to work sick for them or if I did need off, I'd take a day without pay just so I can have what I need when I leave in early August. I know to use them when the kids get sick, but I have tried very had to keep up on them about their allergy pills because of their asthma and I make them take their vitamins everyday. I mean I was making sure all things are covered so that I don't have to take anytime off and my co-workers joke with me about it because I do this and go to WDW every year. So yes I think they should pay me without using my days. Had she just been swung in the swing and fell, that's different, had she tripped, had another child did the "underdog",ect. all issues I would have taken my days and that's just a part of life. But those situations broken arms rarely happens. THIS COUNSELOR IS ABOUT 6'2" AND CAN PUSH THE CHILDREN HIGH ENOUGH. DD HAD TO HAVE BEEN OVER 6 FOOT IN THE AIR WHEN SHE FELL. THE COUNSELOR HAS NO BUSINESS DOING THE "UNDERDOG" ON ANYONES CHILD AND AS AN ADULT, SHOULD KNOW BETTER. At her height, to run under the swing after pushing it high enough, is a high fall. The should pay me because that was a preventable accident in my eyes.


Yes I am a teacher in this childcare center and have been since my DD was in the infant room at 3 months old.

I am just torn because I have to listen to my DD whine and even crying about not wanting this thing on and I feel bad for her. So the accident is an on going emotional and physical stress for her.

I have been advised to get a lawyer but I just keep playing back a stiuation that occured last year when our assistant cooks child Was "Man Handled" and head was bust by that same counselor that hurt my older DD. Only an outside person seen it, got the name off the side of the daYcare van and called the state. It was a horrible thing, court and all kinds of stuff. They made her life so miserable, she finally left. THEY WERE WRONG YET THEY DEFENDED THIS GUY. She didn't have personal days or anything and they did not pay her for court days but did pay her for days she took him to the dentist when someone upstairs knocked his teeth out (yes this is a different time). This is just a few things. They recently had a 4 year old walk out of the building and went home(5 blocks and 2 very big and busy streets) at about 1p.m yet the cops weren't called until after 3p.m. She was found by her neighbor wet and crying in her doorway and called around until her mother got her.

How do you sue the place your are employed at and still stay peaceful at this place .

My daughter wanted to go back, I requested that the deputy (she is under the boss but over the director) supervise summer camp. She was not going to this year and I check on my DD a few times a day. I'm so glad she goes to 1st grade in August and no more of this daycare for me.

After she's gone it will be alot easier to look for employment elsewhere, I'm sure.

 

[frtchr]

It sounds like you don't really need advice on "what's next" as you stated in your title. You plan to keep her there until she starts school in August and you won't sue for fear of retaliation. Correct? I guess we'll all just hope that nothing else happens to her. I don't want to sound mean, but it doesn't seem like you're at all interested in the advice you have received here. Maybe you were just more interested in a vent which is totally fine. Either way, I am sending good thoughts out to your daughter in hopes that she heals quickly.

 

[roliepolieoliefan]

I'm sorry but I still can't understand why you and your child are still there.

I understand the need for a job , but gees look at the track record of this place over the years.

I'm sure jobs like this aren't easy to come by but sorry if it it were me and I seen the inside scoop on this place, I'd be seriously looking to get the heck out of there. ASAP

A concussion, a broken arm, whats next? , both unreported to you too, totally unacceptable.


I'm really sorry about your DD, mine was 2 yo and had the same type of fracture, so I know its really difficult for those poor little guys to carry around that heavy cast.

 

[minnie2]

I would totally report the incident! This is your child we are talking about here! This time a broken arm next time could be worse.

I also would talk to a lawyer. who cares about retaliation. Look at it this way you could be saving your dd or another child's life!

Also check with unemployment if you were to quit you might still be able to collect. I know in some cases you can... Also Maybe FMLA until you get things figured out.

 

[xoprincessmomxo]

I'm sorry, but I think you are in the wrong to both your daughter and the other parents who send their childrent to the childcare center by not reporting this guy. Personal days would be the least of my problems if someone hurt my baby! I know that having a job is important and finding a new one is a hard process sometimes, but the safety and well being of your child has to come first. And from what you have said, at this daycare it doesn't. In fact, I think you and other parents that are sending their children there are putting their kids in harms way...I really hope your little one gets to feeling better and that you seriously reconsider filing a report. Daycare costs a lot of money, parents should have the satisfaction of knowing that their children will be safe while there. I don't think that's the case here.

 

[dsnycrzy]

I am looking for advice (frtchr) and I am seeing some ideas. I am going to the court building in the morning to talk to legal aid. I am going to contact licensing (all of that information is right in my classroom of course). I am first going to right the letter my boss asked me to right to consider my request to accomodate my DD and I for my pay and her pain and suffering. Once I get their reply, I'll see where I have to go. They will put their response in writing and that is what I need.

Her cast hopefully will be off July 8th and we leave August 8th. They have a trip to Dorney Park on August 7th that they told me they don't have coverage for me to go with her yet it is paid for in her trip fee I paid, so she's going. But you better believe they better find someone to cover my room because they can not take my child out of state without me. IF WE ARE STILL THERE THAT IS.

 

[jessica52877]

I think it is time to look for a new job. Unfortunately, unless you plan on eating the cost of everything and using your personal days. That is the only way that I could see that you will be able to work there peacefully. You would have to chalk it all up to an accident, which sadly, I think this by far was not appropiate in what happened.

Personally, I wouldn't go the legal route, it probably wouldn't be worth the headache and hassle and more missed days of work (somewhere else) to fight it out. The stories you have told us really make me feel this is NOT a safe place to work or especially for your daughter.

Best of luck to you! I am sure it isn't easy. Hope the little one heals quickly.

 

[AQW]

The counselor who dropped your older daughter on her head, gave her a concussion, and never notified you continued to work there? And when he "man handled" a child severely enough that a stranger reported it to the authorities, the facility not only retained him, but defended him? A child's head was "bust open", a child's teeth were knocked out, a child was allowed to leave the facility and walk home alone... and you sent your younger daughter there??? And now that a different counselor has also done something that resulted in a significant injury to your younger child, you are STILL sending her back???

I can't offer advice about what to do with your personal days, unpaid leave, and how it all might affect your trip to WDW - truthfully, that would be the LEAST of my worries. I would not allow any of my children to set foot in that place again, period. And I would quit my job and file a lawsuit immediately - I wouldn't want to work in a childcare setting that had such complete disregard for the well-being of children anyway.

I'm quite stunned that your question in all this is how to protect your vacation rather than how to protect your child. I hope you rethink the situation before something worse happens to your defenseless daughter.

 

[mommytobug]

Why on earth are you even interested in continuing to work there after this? Why on earth are you worried about personal leave? You are so focused on your needs and you being right that you have forgotten the most important piece to this puzzle, your daughter. How do you think she will feel walking in on Monday? Terrified, i am sure. Personal leave is for what you used it for. IF you decide to pursue legal action, which in this case i would, you will be compensated in some way if you win the case. I don't mean to sound harsh but this post makes those of us who do work and do provide excellent care for our children (even when taking personal leave to cover it) angry. My dd comes first. Come hell or high water, she will be cared for. You have let things go and you may want to watch your own job, if this is the kind of place it is. You may be part of a lawsuit or even worse placed in jail for child endangerment. Why not take the high road for all those parents who may not know they are leaving their kids with a bunch of nonprofessional providers. I am stopping now because I am so pissed!

 

[mamaLori05]

Well, I'll start out by saying that I agree with having to use the personal days. That is what they are for...when things like this happen, or kids get sick, or you get sick. You can't always plan on personal days, and that is why they are there. I'm sorry you seem to disagree, but that is why they are there. I personally don't feel any company should have to pay a person for not being there, unless they are using vacation/personal days. That's just my opinion.

As for the daycare situation, I am a licensed teacher and I too used to work at a daycare center in a preschool program. I also worked there for the first year of my dd's life, and I have to say, if anything would have ever happened to her and the teacher's didn't say anything to me, I would have been extremely upset. After all, those are your co-workers. If anything, you should be getting told even more what your child is doing just because you work with them. I know my former co-workers treated my dd like she was one of her own, and I know she got special treatment from them just because they knew me soo well! I loved all of her teachers, and they let me know what she did all day when I couldn't be with her. I was lucky enough to become a stay at home mom when she turned one, but I still keep in touch with all of them. The fact that your co-workers don't feel comfortable enough to tell you what your dd is doing and when she gets hurt is just crazy!!! I see red flags all over the place!! My opinion....you need to get out of there, and you need to get out of there fast!!! It's not safe for your dd, and it doesn't sound like a very good work environment for you either. As for your other child getting a concussion and them not telling you about it, well, I'm sorry but a head injury is nothing to fool around with. They (and you) are very lucky nothing else happened with that!! I'm not trying to sound mean here, but your children need to come first! Find somewhere else for them to go and start looking for another place to work. Seriously, if children are getting hurt that often, it's only a matter of time before a parent calls them in, sues them, or has the place shut down.

 

[squirrel]

I'm sorry but I don't understand why you would stay there.

I left a daycare centre that I had loved working for when a new manager took over and hired a new head supervisor. This head supervisor let children do things that were dangerous and never even said boo to the children. Allowing them to jump of of high equipment when there wasn't enough pea gravel underneath. Allowing them to pull a wagon with children in it and they were hitting the supporting polls. I was just waiting for someone to fall off the wagon and hit their head on the cement. It was awful. I just couldn't wait for a child to be seriously hurt. I went to the manager and talked to her-she told me to talk to the head supervisor.

I took a job which I knew I wouldn't like as much just so I wouldn't be at that centre when something did happen. A few months later I got a job that I enjoyed and helped start up. I even ended up with a few of the kids from the old centre that moved to the new one when they found out I was there! One of those children ended up cutting his hand with a pair of scissors at the old centre. I have worked in daycares for 10 years and have my own now, and not once have I seen a child cut their own hand!

I don't know what your area is like for daycare, but maybe you should look into starting up one. I run one out of my house right now and I get quite a few write offs for taxes. I love having the freedom to choose where we go for field trips and where I put the money I make. I just added another room for the daycare-had new carpet put down and made it into a gross motor area for rainy days or in the summer when it is too hot in the afternoon to go outside.

 

[livndisney]

WOW!

Ok 1) FMLA is not usually paid time off. Or rather FMLA does not pay you. FMLA is in place to keep you from loosing your job while you are taking care of family issues.

2) Personally, I would not allow my child(ren) to attend anyplace with the history you have described.

Yes, jobs are hard to find, but children are not replaceable.

If I were in this situation, my main concern would not be about missed pay. As a teacher, I am required to report suspected abuse. You asked "what next?"
I would file a report.
I would find a safer option for my children.
I would find another job.

to your DD, Hope she heals quickly.