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CaidensMommy
My 3 Miracles!
Member since 5/05 5777 total posts
Name:
Melissa
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Can they do this???
This happened to me when I had Caiden. I worked for a leasing company for an apartment company. I worked there for 3 years every Saturday. When I had him they never had me fill out any paperwork regarding maternity leave. They just knew when I'd be back. Well, a little before it was time for me to go back, I called them and they said oh, we hired someone else!  I was sooo upset, but what can I do? Anyway, I've been working for the same company, Saturday and Sunday every other weekend doing the same thing since November in a different location and they knew about my pregnancy all along and was told that my maternity leave was fine with them. Well, I called to talk to them about something and I just asked again about my maternity leave being ok with them since I have no choice and then they tell me that well, covering is a pain so I spoke to the regional manager and they said that 12 weeks would be too long! I said well I was never going to take 12 weeks off from this job since it's an easy job. I was going back sooner. Well, she said 6 or 7 weeks would probably be fine but I'll get back to you. Well, it's been over a week and she still hasn't gotten back into touch with me. I'm so upset considering they know what the other location did to me and said it was wrong to do that. Supposedly they love me working there. I'm one of their lead people and they keep telling me how good I am?  I just don't understand? It would only be 4 weekends that have to be covered and they're already being covered so what's the problem??? Can a company as big as Drucker and Falk do this? I know I'm only part time so I don't think I'm covered by any law, but why don't they have a form that I can fill out to cover my own a@@ you know? Is there anything I can do? It's extra money that we need.  I can't believe this company is doing this to me again! Any thoughts or ideas? Thanks!
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Posted 8/28/06 10:24 AM  |
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Stacey1403
Where it all began....
Member since 5/05 24065 total posts
Name:
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Re: Can they do this???
I believe they would fall under the FMLA so no they couldn't do that. Do you work off the books?
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| Posted 8/28/06 10:36 AM |
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Re: Can they do this???
I would find another company to work for after the baby is born
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| Posted 8/28/06 10:36 AM |
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CaidensMommy
My 3 Miracles!
Member since 5/05 5777 total posts
Name:
Melissa
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Re: Can they do this???
Doesn't the FMLA law only cover FT employees?
I work on the books. There's no such thing as off the books that I know of here in NC.
Thanks!
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| Posted 8/28/06 10:40 AM |
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monkeybride
My Everything
Member since 5/05 20541 total posts
Name:
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Re: Can they do this???
Posted by CaidensMommy
Doesn't the FMLA law only cover FT employees?
I work on the books. There's no such thing as off the books that I know of here in NC.
Thanks!
I believe to qualify for FMLA you have to have worked a certain number of hours over the past 12 months. Not FT hours but I'm not sure of the exact number.
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| Posted 8/28/06 11:11 AM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: Can they do this???
Posted by CaidensMommy
Doesn't the FMLA law only cover FT employees?
I work on the books. There's no such thing as off the books that I know of here in NC.
Thanks!
To be eligible under the FMLA, you must meet all three of the following conditions: (1) you need to have worked for the employer for at least 12 months (not necessarily consecutively); (2) you must have worked for the employer for at least 1,250 hours in the previous consecutive 12-month period; and (3) you must work at or be assigned to a worksite that has 50 or more employees or is within 75 miles of worksites that taken together have a total of 50 or more employees.
If you only worked on the weekends, I doubt you met the 1,250 hour requirement. I'm sorry the company hasn't treated you well.
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| Posted 8/28/06 11:15 AM |
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michele31
LIF Adult
Member since 5/05 3372 total posts
Name:
Michele
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Re: Can they do this???
Why are you not getting your maternity leave in WRITING signed by a manager and yourself?
FLMA only covers full-time employees, not P/T from what I understand.And the company must have over 50 employees to even be considered under FLMA.
Do you have an employee handbook? If not, request one right away...review it and see what they have under maternity leave. Also, call your state disablity department or labor board and ask what your rights are. They may be breaking the law.
Do NOT take a verbal agreement as an okay ...you need to have everything in writing.
If the company does not have to be "nice" or understanding at all. If they feel it is in their best interest to let you go rather than just work around a maternity leave that is their right but it is VERY stupid to do so since hiring and training will take just as long as your leave. Get it in WRITING that your job will not be held for you and you could call a local newspaper and let them know that XX company is totally against new moms
 I do PR so this is what I would have done.
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| Posted 8/28/06 11:24 AM |
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CaidensMommy
My 3 Miracles!
Member since 5/05 5777 total posts
Name:
Melissa
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Re: Can they do this???
Both times so far I've asked about the paperwork and they told me it wasn't necessary. I didn't want to say, well I need something in writing to cover my butt? I would of loved to, but I couldn't. I guess it's their way of saying if we don't need you, bye bye!!! I do know to get things in writing, but if they won't do that for me, what can I do?
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| Posted 8/28/06 11:53 AM |
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CaidensMommy
My 3 Miracles!
Member since 5/05 5777 total posts
Name:
Melissa
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Re: Can they do this???
Oh... the manager actually just called me. She said in order for them to hold my job I have to go back by 10/14. I don't have to show apartments, just answer the phone. I will only be 4.5 weeks PP. Of course I told her yes that will be fine, and of course when the time comes and I don't feel up to it I won't/can't. But, I guess for now I have no choice but to yes her to death to hold my job and I'll see if I'm ok by then. I'm thinking I will be, but I guess you never know.
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| Posted 8/28/06 11:56 AM |
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landj
After 4 years, 1000 posts!
Member since 7/06 1124 total posts
Name:
L
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Re: Can they do this???
You have a right to get something in writing. You don't need to explain why, just say you need the documentation for your records. They can say or do anything they want without a written document. Don't settle for just a verbal agreement. I hope everything works out!
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| Posted 8/28/06 5:53 PM |
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Babytime
LIF Adolescent
Member since 6/05 659 total posts
Name:
Amy
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Re: Can they do this???
They can't do that is's illegal you get 12 weeks
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| Posted 8/28/06 6:31 PM |
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dm24angel
Happiness
Member since 5/05 34581 total posts
Name:
Donna
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Re: Can they do this???
Posted by Babytime
They can't do that is's illegal you get 12 weeks
YOu dont...see above. FMLA is very restricted.
I just had a friend get fired 2 weeks after delivery of her baby and she was planning to take 6 weeks leave. They said they couldnt afford to hire a temp, they were worried she would end up staying out longer and since it was a small family owned company she had no leagl ground to stand on, she wasnt entitled to fmla.
its a damn shame!
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| Posted 8/28/06 7:08 PM |
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