| Posted By |
Message |
Kitten1929
LIF Adult
Member since 1/13 6040 total posts
Name:
|
Maternity leave
Please don't quote.
Can an employer put you on maternity leave whenever they want? As in, weeks before the due date?
|
Posted 9/12/13 3:53 PM  |
| |
|
Long Island Weddings
Long Island's Largest Bridal Resource |
NYCGirl80
I love my kiddies!
Member since 5/11 10413 total posts
Name:
|
Re: Maternity leave
Your dr can take you out early but your employer cannot. You will not be covered under FMLA or disability before you give birth unless your dr pulls you out for a medical reason.
Not exactly sure what your situation is, or if this was helpful.
|
| Posted 9/12/13 4:15 PM |
| |
|
|
|
Maternity leave
I can't be out until my doctor signs paperwork explaining why I am out.
|
| Posted 9/12/13 4:20 PM |
| |
|
Kitten1929
LIF Adult
Member since 1/13 6040 total posts
Name:
|
Maternity leave
OK thank you ladies. Just trying to get my ducks in a row and create a backup plan for work. I don't want to take any extra time unnecessarily before the baby comes.
|
| Posted 9/12/13 4:27 PM |
| |
|
Maestra821
LIF Infant
Member since 6/13 248 total posts
Name:
Alida
|
Maternity leave
my job starts maternity leave 4 weeks before my due date...but i work for the city and its paid.
|
| Posted 9/12/13 9:10 PM |
| |
|
VikingChick
LIF Adult
Member since 5/11 1024 total posts
Name:
Anna
|
Re: Maternity leave
Under the FMLA, an employer may not force an employee to take more leave than is medically necessary. If you work at a school, the rules may be slightly different if your leave is at the end of an academic year.
It is also a violation of the Pregnancy Discrimination Act to require a pregnant employee to take leave if she is able to perform her job. From the EEOC website: "Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy related condition and recovers, her employer may not require her to remain on leave until the baby’s birth. Nor may an employer have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth."
|
| Posted 9/13/13 10:50 AM |
| |
|
OnlyU12
LIF Toddler
Member since 8/13 431 total posts
Name:
|
Re: Maternity leave
Posted by anskiv
Under the FMLA, an employer may not force an employee to take more leave than is medically necessary. If you work at a school, the rules may be slightly different if your leave is at the end of an academic year.
It is also a violation of the Pregnancy Discrimination Act to require a pregnant employee to take leave if she is able to perform her job. From the EEOC website: "Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy related condition and recovers, her employer may not require her to remain on leave until the baby’s birth. Nor may an employer have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth."
Does this apply to small companies of under 10?. My company will not hold a job once you leave for child birth. Some women file for disability and then want to return to work. My boss will say the position is filed since he doesn't want women with small children. Isn't this illegal?
|
| Posted 9/13/13 2:28 PM |
| |
|
LeShellem
A new beginning
Member since 2/07 3600 total posts
Name:
LeShelle
|
Re: Maternity leave
Posted by OnlyU12
Posted by anskiv
Under the FMLA, an employer may not force an employee to take more leave than is medically necessary. If you work at a school, the rules may be slightly different if your leave is at the end of an academic year.
It is also a violation of the Pregnancy Discrimination Act to require a pregnant employee to take leave if she is able to perform her job. From the EEOC website: "Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy related condition and recovers, her employer may not require her to remain on leave until the baby’s birth. Nor may an employer have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth."
Does this apply to small companies of under 10?. My company will not hold a job once you leave for child birth. Some women file for disability and then want to return to work. My boss will say the position is filed since he doesn't want women with small children. Isn't this illegal?
Does not apply to companies with fewer than 50 employees.
|
| Posted 9/13/13 3:00 PM |
| |
|
OnlyU12
LIF Toddler
Member since 8/13 431 total posts
Name:
|
Re: Maternity leave
I should have figured UGH!
|
| Posted 9/13/13 3:17 PM |
| |
|
VikingChick
LIF Adult
Member since 5/11 1024 total posts
Name:
Anna
|
Re: Maternity leave
Posted by LeShellem
Posted by OnlyU12
Posted by anskiv
Under the FMLA, an employer may not force an employee to take more leave than is medically necessary. If you work at a school, the rules may be slightly different if your leave is at the end of an academic year.
It is also a violation of the Pregnancy Discrimination Act to require a pregnant employee to take leave if she is able to perform her job. From the EEOC website: "Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy related condition and recovers, her employer may not require her to remain on leave until the baby’s birth. Nor may an employer have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth."
Does this apply to small companies of under 10?. My company will not hold a job once you leave for child birth. Some women file for disability and then want to return to work. My boss will say the position is filed since he doesn't want women with small children. Isn't this illegal?
Does not apply to companies with fewer than 50 employees.
The FMLA does not apply to employers with fewer than 50 employees, true. BUT... your boss's position is arguable illegal (but hard to prove).
1- he is treating women differently than men (bet he doesn't refuse to hire men with small children). Violates the NYC and NYS Human Rights Laws, and Title VII.
2- Caregiver discrimination itself is a theory of sex discrimination in a few ways. See EEOC article on caregiver discrimination
3- it could also be a form of pregnancy discrimination-- employers cannot treat employees who just gave birth any differently than another employee with a disability. So, for example, if the boss gave Joe 6 wks off due to a heart attack, he has to treat Sally the same way for her childbirth.
If it were me (and I am admittedly kind of a ball buster), I would file with the EEOC if the boss refused to take me back after giving birth. This sounds like the kind of case they would take.
Edited to add: Your boss is a real POS.
Message edited 9/13/2013 3:25:37 PM.
|
| Posted 9/13/13 3:25 PM |
| |
|
OnlyU12
LIF Toddler
Member since 8/13 431 total posts
Name:
|
Re: Maternity leave
Posted by anskiv
Posted by LeShellem
Posted by OnlyU12
Posted by anskiv
Under the FMLA, an employer may not force an employee to take more leave than is medically necessary. If you work at a school, the rules may be slightly different if your leave is at the end of an academic year.
It is also a violation of the Pregnancy Discrimination Act to require a pregnant employee to take leave if she is able to perform her job. From the EEOC website: "Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy related condition and recovers, her employer may not require her to remain on leave until the baby’s birth. Nor may an employer have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth."
Does this apply to small companies of under 10?. My company will not hold a job once you leave for child birth. Some women file for disability and then want to return to work. My boss will say the position is filed since he doesn't want women with small children. Isn't this illegal?
Does not apply to companies with fewer than 50 employees.
The FMLA does not apply to employers with fewer than 50 employees, true. BUT... your boss's position is arguable illegal (but hard to prove).
1- he is treating women differently than men (bet he doesn't refuse to hire men with small children). Violates the NYC and NYS Human Rights Laws, and Title VII.
2- Caregiver discrimination itself is a theory of sex discrimination in a few ways. See EEOC article on caregiver discrimination
3- it could also be a form of pregnancy discrimination-- employers cannot treat employees who just gave birth any differently than another employee with a disability. So, for example, if the boss gave Joe 6 wks off due to a heart attack, he has to treat Sally the same way for her childbirth.
If it were me (and I am admittedly kind of a ball buster), I would file with the EEOC if the boss refused to take me back after giving birth. This sounds like the kind of case they would take.
Edited to add: Your boss is a real POS.
Thank you so much! Yes he is. I've been looking actively for a new job. I've been holding off getting pregnant till I can secure a new position. It's so disgusting, it really is.
No one has really had a disability to use in that kind of case. However, 2 people became pregnant, left to give birth. Called once they were able to come back, and he tells us to say the position is filled. We have ONE male employee with teenagers but they were little when he started. Now, not one female staff employee has a child.
|
| Posted 9/13/13 3:33 PM |
| |
|
