maternity leave...

Amanda - posted on 01/23/2010 ( 21 moms have responded )

98

30

7

i was told at my work that i would have to quit my job to get my maternity leave without a promise of getting my job back because i havent been there for a year... i live in the states is this legal??

This conversation has been closed to further comments

21 Comments

View replies by

Jennifer - posted on 06/29/2012

2

5

0

See if you're eligible here: http://employmentlawhq.com. They have an application that allows you to edit your unique case details and find out if you're eligible for FMLA. I do agree, though, that in most states, you have to be at a job for at least a year to be eligible.

[deleted account]

Try talking to your OBGYN to see if they understand your state laws better, or talk to a lawyer, your HR can be confusing, or if your in a union talk to them. Your OBGYN may be a good person b/c they deal with this all the time. All the stuff I have read on internet gets confusing after a while.

I also found this website that outlines a bunch of the states policys about maternity leave, http://www.planningfamily.com/pregnancy/... it really can differ a lot from state to state from the looks of it, but I really thought if you are put on maternity leave you could collect disability payments.

[deleted account]

Wage and Hour Division (WHD) http://www.dol.gov/whd/fmla/index.htm



Family and Medical Leave Act



Overview



Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:



for the birth and care of the newborn child of the employee;

for placement with the employee of a son or daughter for adoption or foster care;

to care for an immediate family member (spouse, child, or parent) with a serious health condition; or

to take medical leave when the employee is unable to work because of a serious health condition



To be eligible for FMLA leave, employees must work for private companies with 50 or more employees, or for a federal, state, or local governmental agency. (Governmental agencies do not have to meet the 50 employee test.) Employees seeking leave must also have worked for their employer for at least one year and for over 1250 hours during the last year.



But even if she hasn't logged 1250 hours I think she should be able to take a regular maternity leave. I did just read that your right for FMLA she does have to be employed for 12 months, but they let me side b/c I had over that amount of hours.



Wow, this is some confusing stuff, guess I was just lucky. Try this website also www.­life123.­com/­parenting/­pregnancy/­maternity-­leave/­could-­maternity-­leave-­cost-­you-­your-­job.­shtml or http://www.life123.com/parenting/pregnan... Best of lucky to you.

[deleted account]

FMLA didn't apply to maternity leave, at least in the state of Ca...but for me to take the FMLA I had to have logged about 1,500 hours employment, which I had done before I had been employed a year, really hard to log those hours if you only work 8 hour shifts. Maybe other states are different, but in California they divide your year into 4 quaters and give you a % of what you made during your highest grossing quater for your disability pay, it is super simple here. In the state of Califorina FMLA only begins after you have exhausted you 6 or 8 week maternity leave & you can take the additional 2 months of maternity leave at any point & time during the 1st year of your childs life. She will need to contact her states Employment Development Department (EDD) to know for sure. Bummer if it differs that much from state to state. I still don't think they can fire her or ask her to quit because that would be considered discrimination based on a medical condition.

User - posted on 01/23/2010

107

20

13

Shelly...the problem is she has not been at her job for 12 months....required for FMLA. Also not all companies offer Maternity leave...thus in where FMLA is helpful. As far as the disability I am not sure that is correct. My company does not have "Maternity Leave so when I went out on "Maternity Leave" I was covered under FMLA...I had been there for 12 + months and they had to bring me back at the same rate of pay...but not necessarly the same position. Also I did collect disability under the short term disability policy that both my employer and I paid into over the course of my employment.

[deleted account]

Nope, that is not legal at all. Your doctor can put you off on disability at 8 months pregnant or any other time needed, you get 6 weeks off for vag birth, 8 weeks off for c-section, and you can take 2 more months for FMLA (in some states you have to have work a certain # of hours to take the extra 2 months of FMLA bonding leave). You don't have to quit your job. You submit the disability statement to your work & they have to honor it & if they fire you when you get back it is retaliation & you could sue them for major $$. Are you part of a union?



You could already report them to the state for making threats to your employment, this is called & considered harassment as well as discrimination no matter how long you have been there. Also FMLA is a seperate part of maternity leave, if your a 1st time mom it all gets confusing. Bottom line is no you don't have to qiut period, the state pays you disability while you are off from a % of your earning from where you worked over the last year no matter where you worked, it is part of what you get taxed for. Also they can't make you burn up vacation time, maternity leave is just that. Talk to your HR & a lawyer.

User - posted on 01/23/2010

107

20

13

What ever you do...DO NOT quit. If it comes down to it let them/make them fire you. I am not sure what state you live in, but here in Michigan if you quit it is nearly impossible to get un-empolyment. If they fire you, you can most likely collect unemployment...not ideal...but better then nothing. I agree with Iysha (previous post)...if you know you are not covered under FMLA then work up until you go into labor or doctor puts you off work...provide your work with the docotrs notes, etc.. and go from there. Good Luck!!!!!

Tammy - posted on 01/23/2010

6

15

0

Call or check into the FMLA (Families Medical Leave Act). They are there to protect you no matter where you work or what you do! Good luck and let us know what happens!

Erica - posted on 01/23/2010

121

14

19

It is not a lie. Check out this website that has information about the Family Medical Leave Act (FMLA): http://www.dol.gov/compliance/laws/comp-...

Here's also some info I copied and pasted from the website:

* The Family and Medical Leave Act was amended on January 28, 2008. Please visit Wage and Hour's Web page for additional information.
The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. It also requires that employee's group health benefits be maintained during the leave. The FMLA is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.
Application of the FMLA can also be impacted by the Uniformed Services Employment and Reemployment Rights Act (USERRA), Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), the Americans with Disabilities Act of 1990 (ADA), or the Health Insurance Portability and Accountability Act (HIPAA). See "Related Topics and Links" below.

Stacey - posted on 01/23/2010

156

19

35

That is a total LIE ! There are laws and I would contact your HR and get the right info!

[deleted account]

I would think so. You have to have so many hours before you can collect mat-leave. But im sure you could still collect unemployment, considering they are different things! I would talk to your nearest unemployment office just to double check!

Iysha - posted on 01/23/2010

1,914

26

203

I think that if you call that you're at the hospital and let them know...and you get a medical clearance from your dotor for those days at the hospital and the 6 weeks, you can collect disability for that 6 weeks only. You'd still be employed at the time you go into labor and they'd have to fire you if they don't like that you are on disability and can't work...so after your disability ends, you can file for unemployment. I think that might work...I am not sure though....It sounds workable to me.



They can't tell you that you NEED to quit, they can't make you! If they want to fire you BECAUSE you're pregnant, that is illegal and you can file a law suit. Work and save what you can in order to be ready if they decide to fire you. The good thing about being fired is that you can get unemployment, the bad thing is that it looks bad on job applications. I am sure that if you explain to a future employer why you were fired, they will understand though =]

Maggie - posted on 01/23/2010

818

24

47

you don't qualify for FMLA (maternity leave) until you've been working there a year so what they told you is accurate. Most employers will work with you, though unless they are big fat jerk faces.

Rachel - posted on 01/23/2010

1

2

0

That sounds like a legal problem, I would not put up with it, good luck. I had a job for a few months and as soon as he found out I was pregnant, he fired me on the spot. I think that was not legal, but I was young then, now 44 and do not put up with much. Talk to a friend or a lawyer for good advice

Erica - posted on 01/23/2010

121

14

19

Yes, Sharonis right it is legal. You have to be at a job for one full year before they legally have to hold your position. Even then, our maternity leave does not have to be paid.

Iysha - posted on 01/23/2010

1,914

26

203

Yeah, it's legal. You can talk to your employer and let him/her know that you really like your job and you would love to come back to it as soon as you are able to. Maybe if you promise to come back as soon as you get your medical clearance from your doctor he/she will agree. I'm not sure what type of job you have but, mine did that for me. I actually got 4 months off.

Jessica - posted on 01/23/2010

1

19

0

That exact same thing happend to me. But in my case I had worked there for a year, but quit when I first became pregnant because I had hyperemesis gravidarum (Excessive vommiting while pregnant, EXTREME 24/7 morning sickness) so by the time I came back and had to go on maternity leave I had been there less than a year. But I was able to just call a month after my son was born and get re-hired. I would suggest doing the best you can while you are there to make them want you to come back. Go the extra mile, kiss some ass, that kind of thing so that they will hire you again. But it really depends on your job/boss. I hope you get your job back. Sorry to hear about the maternity leave problem.

[deleted account]

Yes this is legal. FMLA only applies when you have been employed at the same place for 12 consecutive months. The same thing happened to my sister-she was only employed at her place for only 10 1/2 months. In the long run, it's not worth the fight. If you are a valuable employee, they may consider keeping you on the payroll if you are able to work one day a week. That is how my sister was able to work it out, and she worked on Sundays. Good luck!

Erin - posted on 01/23/2010

1,278

0

139

Probably, I know ever job I've had, I had to be there a year before they had to give me maternity leave. I would look it up in the employee handbook, or talk to someone in Human Resources.

Join Circle of Moms

Sign up for Circle of Moms and be a part of this community! Membership is just one click away.

Join Circle of Moms