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What would you do? Maternity/FMLA
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mrssoto
LIF Adolescent
Member since 5/10 833 total posts
Name:
Lorin
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What would you do? Maternity/FMLA
So, I'm considering for when I come back after the 12 weeks im taking that I would like to cut my hours by 6 hours for the week but only working 4 days , rather than 5 and adding a half an hour to each of the 4 days which will work out to 34 hours rather than 40.
Anyway, I dont know when I should ask about this. I would ideally like to ask before going out on maternity leave but Im concerned because I think there is something in FMLA rules that says your job only is protected if you come back with the same exact position and hours as when you went out. So, I don't want my company getting any bright ideas and trying to screw around with me... Also, I feel like if I ask before I go out, maybe there will be some concern on their part that if they dont approve it, I might consider not coming back so more likely to say Okay.
If I wait till I come back to ask, I wont be worried about FMLA but I will be thinking about it the whole time I am on maternity leave, hoping it will work out, but not knowing. Also, I would like to have a clear picture of how things will be after I go back to work, rather than not having a plan. Plus if there is any awkwardness or hard feelings on my managers part about the change in hours, atleast I will be out for 12 weeks and shell get over it by the time I return.
What would you do? Does anyone know the exact rule with FMLA- I cant seem to figure it all out.
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Posted 11/4/12 7:25 PM  |
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queensgal
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Member since 4/09 3287 total posts
Name:
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Re: What would you do? Maternity/FMLA
FMLA applies to your current job.
They can't fill your current job while you are out on FMLA leave - or they have to reinstate you to something comparable, as long as that exists. For example, if you are Job Title A, and while you are out, they eliminate everyone in Job Title A, then they don't have to find a new job for you.
The two things aren't really related. The company has no legal obligation to allow you to change your hours or work less.
Is your company generally flexible with these things? If so, you should discuss now so you have peace of mind during your leave and it's more fair to you and the company. If they have to spread out 6 hours of your work each week, they have time to plan for that.
The company can't deny you FMLA leave because you've asked to come back to a reduced schedule. They have an option to say yes or no to that request.
Especially if they have agreed to that schedule, I don't see how they can then try to deny you FMLA leave. I just don't see that holding up in court and a company would be foolish to take that risk - lawsuits are way more money to fight then honoring an FMLA leave, which may or may not even be paid.
Message edited 11/4/2012 7:57:31 PM.
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| Posted 11/4/12 7:56 PM |
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mrssoto
LIF Adolescent
Member since 5/10 833 total posts
Name:
Lorin
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Re: What would you do? Maternity/FMLA
Posted by queensgal
FMLA applies to your current job.
They can't fill your current job while you are out on FMLA leave - or they have to reinstate you to something comparable, as long as that exists. For example, if you are Job Title A, and while you are out, they eliminate everyone in Job Title A, then they don't have to find a new job for you.
The two things aren't really related. The company has no legal obligation to allow you to change your hours or work less.
Is your company generally flexible with these things? If so, you should discuss now so you have peace of mind during your leave and it's more fair to you and the company. If they have to spread out 6 hours of your work each week, they have time to plan for that.
The company can't deny you FMLA leave because you've asked to come back to a reduced schedule. They have an option to say yes or no to that request.
Especially if they have agreed to that schedule, I don't see how they can then try to deny you FMLA leave. I just don't see that holding up in court and a company would be foolish to take that risk - lawsuits are way more money to fight then honoring an FMLA leave, which may or may not even be paid.
Thank you for the reply! I am not concerned that they are going to deny my upcoming FMLA because I am asking to come back on reduced hours.. I was concerned that I would take FMLA and then (if approved) because I was coming back, although to the same job, with reduced hours from when I left, it would constitute as maybe a "different job" type situation and since they only have an obligation to keep my current job, they might try to screw me.
My company is a large fortune 500 company and is not really flexible but I could them possibly just approving this because they want to save money but then again, they always do things to their employees that screw them and are because of some loophole or something of the sort. And HR in the past has never helped me...Ive gotten very upset because they seem just spit back the information from management using all kinds or confusing jargon and loopholes like I said to reinforce their position. They've also told me things that are in writing nowhere and I have been stuck with noone to go to for support so Im nervous.
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| Posted 11/4/12 8:08 PM |
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gdubs
This baby is awesome!
Member since 11/10 2467 total posts
Name:
Gina
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Re: What would you do? Maternity/FMLA
Posted by queensgal
Especially if they have agreed to that schedule, I don't see how they can then try to deny you FMLA leave. I just don't see that holding up in court and a company would be foolish to take that risk - lawsuits are way more money to fight then honoring an FMLA leave, which may or may not even be paid.
No large company is going to deny a woman FMLA for maternity leave. The headaches it could cause are not worth it.
As far as thinking they could try and do something when you come back because you made the request... I mean... they could. It would be pretty sh*tty of them but if they deny the request and you come back and work your regular schedule they really have no reason to do anything.
Getting a company to agree to a part time flex schedule if they have no policy can be tricky. I have worked places where it was "no flex/pt" across the board and places where it depending on your position and department in the company based on departmental/company needs. And they have every right to do that do.
Unfortunately from working in HR I know that there are times certain things are not in writing anywhere so they can use their discretion to make a decision.
I would just ask before you go out. That way if they say no and you decide that could sway how you feel about going back vs. looking for another job with flex time you have time to start looking while you're out. Plus you're not stressing about it when you go back.
Whether or not it makes them think you're not going to come back is their problem. There is nothing they can do to you while you're out and most places won't look to fire a woman just returning from maternity leave, it just looks REALLY bad. But if you word it a certain way... say you understand completely if they're unable to accomodate you but because of the $$ you would save with day care (or insert reason here) you owed it to yoursef to at least ask if you could work a flex schedule.
Good luck and I hope they do decide to work with you!!!
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| Posted 11/4/12 8:58 PM |
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