When I was going through the process of going on leave, the company I work for have me paperwork stating what leave I qualify for, which is law, and the paperwork for each to be filed. Paperwork stated I was eligible for FMLA. Just before my leave I discussed with my HR generalist about the fact that my husband and I were still considering our options as far as the CFRA job protected baby bonding time and he said that all I needed to do was inform them of my decision one way or the other at least 2 weeks before my FMLA time was exhausted. Since Abbie is still struggling with the bottle, I called and emailed about my intentions to take the time. That was 2.5 weeks ago. I only heard back on Monday while my FMLA time ends today. They are now telling me that I do not qualify for the time. CFRA has the same qualifiers as FMLA so I'm hugely confused. They then tell me that I never qualified for FMLA, that it was an administrative error but they will honor it but not CFRA because I don't meet the requirements. So now I have to be back at work within the next 7 days to maintain my employment. We made the decision to take the extra time based on the fact that my job would still be there for me which is what my paperwork states as eligibility for FMLA. I've contacted a labor law attorney who says I have grounds as I have in writing my eligibility and if I qualify for one I qualify for the other. This is their error and should be honored the same as FMLA.
So now HR and I have been going back and forth for a week and they won't budge. Now that I have a lawyer telling me I have grounds with different sections of the law to quote, how should I approach this? I don't really want to be that person who goes in waving the law in their face, but what else can I do?
Background: I've worked for this company for 10years come September. I am a corporate trainer for a well known restaurant chain, teaching many levels and positions of employment. Because of the nature of my job, when I became pregnant I was able to maintain my position while cutting my hours... In the first months I cut way back which in turn is why I am not meeting the FMLA hour requirements.
Also, Abbie is 9 weeks today and we have tried a bottle everyday since she was 2 weeks old. She will take one very rarely.
Our plan for my return is for the same hours I was at at the end of my pregnancy only teaching evening courses a few nights a week.
Sorry it was so long, but I needed to vent and possibly get some advice from any one other than my husband who is fuming with this issue...