How would you handle this?

rerasmom10

So I just got back from ML yesterday. I work at a large bank and part of my schedule is Saturday rotations. I have no problem working every other Saturday which is what was agreed upon. Yesterday I looked at my schedule for September/ October and I work every Saturday in September and October. When I asked my manager about this his reply was "I worked while you were out all summer so it's only fair." I was and am still livid. I asked if I could have one off and the answer was no. He basically told me that because I was on ML it was only fair for me to work what ever because it
iinconvenienced him that I was out having a baby.
I am at a loss. I have worked for the same company for almost 10 years and feel that I am being punished for having a child. I am probably overreacting but I am so upset that I am being treated this way.

VOR

Is there an HR dept you can talk to?  And/or were you covered by FMLA? 

You weren't "out all summer".  You were on Mat Leave.  And especially if you're covered by FMLA, your leave can NOT be used to punish you. 

So... I'd talk to HR if you can. 

[Deleted User]

It sucks but it doesn't really fall under a FMLA violation.  They retained her job albeit a different schedule.

You can talk to HR about his response, sure.  But will he retaliate by being an even bigger ass? 

Will your schedule go back to normal after October?  I assume you get a different day off instead?   Or are you working 6 day weeks? 

Don't get me wrong, it totally sucks. 

Pips09

If you were covered under FMLA, then he cannot punish you for taking your Federally protected leave. And I believe this type of schedule change would be seen as an adverse action.  I would speak to your HR department. If your leave was not covered under FMLA, then, unfortunately, you are probably at his mercy, or at least at the mercy or whatever the company policy is. How does he usually handle people coming back from leave?

litzo27

Do you have any documentation anywhere, even an email, about the original agreement of every other Saturday? I would also email your superviser and politely ask if your schedule will go back to normal after October. Partly to find out and partly to create a paper trail of why he scheduled you for every weekend right now.

[Deleted User]

I would argue that a schedule change is not against FMLA. His reasoning for the change is, however.

 I would communicate with him again regarding this via email - in writing. Otherwise, it's a he said/she said.

jenn43

What state are you in?  Some states have a separate Maternity Leave Act (e.g. Massachusetts) that prevents employers from discriminating against you when you return from ML.  I would say doubling your weekend hours would fall under that, if your state has a similar act.

shannm

I would immediately go to HR.

rerasmom10

Thanks everyone. I have a meeting scheduled this afternoon to talk it through with my manager and the district manager.

rodiesmum

take this up with HR. This is just so rude of him, and yes if i were in your shoes i would take this as a punishment for having a child. Some bossess indeed think that ML is a VACATION. WTF

kikimeemee

Sounds like retaliation for having to take off for your protected leave. Employers are not supposed to do that by law.

Out of curiosity, has anyone else on your team been out for a medical reason (knee surgery, heart surgery, etc) and was treated the same upon return?

Keep us updated on how your meeting goes!

litzo27

And as soon as you get out of the meeting document exactly what was said and date it.

*sparky*

Ditto Pips on this type of schedule change being considered an adverse action.  I would go to HR after speaking to your boss.

rerasmom10

So meeting did not go well as I am typing this from home. Yesterday I met with my direct manager and his boss. While his boss was reassuring this could be resolved somehow, my boss accused me of attacking him and while I admitted I could have handled it better, he would not admit any fault. I was already floored and then he brought up the fact I will need a day off for a follow up appointment and how I was demanding and always had an attitude. At that point I handed my keys to his boss and walked out.
I called HR today and filed a complaint. His boss is trying to locate another branch but if it is not done by tomorrow (HR said the turn around time has to be 3 or less days) I will continue with my resignation and try to have them list the resignation as constructive termination so I can collect unemployment.
I'm also meeting a friend who is an employment lawyer in the morning to unofficially talk to her about what's going on and to get a referral to someone if needed.
This is such a mess and all over asking for 1 weekend off. Maybe it's for the best.

MommyAtty

If I were their employment lawyer, I would be exploding right about now. Document the crap out of this. Dates, times, who was there, who said what when. And yes, consult an attorney. Even a fairly benign letter from an attorney will oftentimes get people to get their crap together. I don't often recommend that approach, as it can cause ill will, but this is nuts. He complained you needed to go to a follow-up doctor's appointment?? Seriously??

rerasmom10

I am shocked. I have everything documented and not sure at this point what's next. It's a waiting game that is not fun.

VegasGal1978

Wow. I am so sorry to hear that you are going through this. I feel that he is wrong, not you. While FMLA doesn't necessarily save your schedule or position, he doesn't have a right to "punish" you for having a baby and that is exactly what it sounds like he is doing.

I hope this works out for you quickly. Hang in there.

AmberDerek

That is horrible! Karma is a bitch and I hope he gets dished the same bs he handed you.

shakinros

Oh my gosh. I'm sorry you have to deal with this. Good on you for refusing to take this from your boss and for documenting everything. I know it's terrible for you, but you've probably already made the policies better for the next person who goes on a medical leave for any reason, not just pregnancy!

rerasmom10

Thanks for the encouragement everyone. As of right now I have resigned from my position. HR is completing an investigation but I don't have any confidence in them.

bumpuser10331514

I'm not sure anyone said this, but to make sure it's covered: this guy is a douche.