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Can an employer fire you for not working for 6-8 weeks post-delivery?
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Can an employer fire you for not working for 6-8 weeks post-delivery?
If you are NOT a full-time employee and don't receive benefits can an employer demand you return before 8 weeks post c-section?
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Posted 8/22/13 8:30 AM |
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Long Island Weddings
Long Island's Largest Bridal Resource |
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Can an employer fire you for not working for 6-8 weeks post-delivery?
At my agency, FMLA is only guaranteed to employees who have been there at least one year. Not sure how it goes with part-time vs. full-time as I've only been employed here full-time. But on that end, if a doctor signs documentation stating you cannot work up until XYZ date, I don't see how you can be terminated.
The company doesn't have to pay you but you'd probably get some (small) disability payment.
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Posted 8/22/13 8:48 AM |
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TyReseGreen
Lil Prince is here

Member since 8/11 6338 total posts
Name: Theresa
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Re: Can an employer fire you for not working for 6-8 weeks post-delivery?
FMLA protects employees who have worked 1200 hours during that calendar year(at least my employer) whether you are full time or part time and protects you for 12 weeks.
If you have an HR department you may want to ask them. I remember when I had my first (16 yrs ago) and was with a different employer you got paid for 6 weeks(vaginal) and 8 weeks(csection). If you took longer then that you did not get paid. When my bestie had her son her company did not pay for maternity leave so she didn't get anything but went back to work after 12 weeks and she was PT.
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Posted 8/22/13 9:05 AM |
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jessnbrian
Only God knows His plan for us

Member since 4/13 7238 total posts
Name: Jessica
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Can an employer fire you for not working for 6-8 weeks post-delivery?
Not all employers are required to follow FMLA laws, small offices that do not employ 50 people do NOT have to offer any FMLA. As the pp said, FMLA covers employees who have worked 1200 hours during that calendar year AND that have worked for the company for at least 1 year. FMLA is NOT guaranteed pay - it's to protect you from losing the position/job - AND they do not have to put you back in the exact same job - it just guarantees you the same salary and benefits and a "similar" job (for example if you are a nurse in one dept before the FMLA you might be put on a different unit when you return).
If yours is not an FMLA covered entity they do not have to keep you on if you decide to take time.
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Posted 8/22/13 9:11 AM |
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MrsO
Big Brothers to Be

Member since 1/07 4521 total posts
Name: Maureen
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Re: Can an employer fire you for not working for 6-8 weeks post-delivery?
I would say no because at that point you are covered by disability. It has nothing to do with FMLA
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Posted 8/22/13 9:28 AM |
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Eagermom3
LIF Toddler

Member since 4/13 448 total posts
Name:
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Can an employer fire you for not working for 6-8 weeks post-delivery?
if you are under short term disability then no and like someone said if your office has leass than 50 employees then you wouldnt be covered by fmla.
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Posted 8/24/13 6:47 PM |
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