Doctors Appointments, Maternity Leave, and Paid Vacation Time Off

themarievon

Hey all

Not sure if anyone out there knows the answer to this, but my employer wants to go back and deduct all of my doctors appointments with paid vacation time. He has been pretty good about letting me get time off for the appointments but now at 36 weeks decided to tell me that he thinks its only fair to the other employees that he deducts the time I have had to take off for my paid vacation time. Quick note: I work for a small business so I don't qualify for FMLA and we don't have "sick time" off. His theory is if we are too sick to come to work then don't come and so far it hasn't been a problem. 

My frustration is going back to figuring out the hours is going to be difficult and its going to suck basically most of my vacation time before the baby even arrives -- so I'll be screwed if I need time off after my maternity leave. My maternity leave has also been an uphill battle -- I finally last week got him to agree to 6 weeks (at first he wanted to give me 3 weeks). I really can't make appts for when I am off because I work m-f 7:45-5:30ish and every 3rd sat from 7:45-1:00ish. 

Its been an uphill battle that has left me wanting to quit a couple times, but I need to stay employed at this point. Also Ohio law currently states "a reasonable period of time". Which isn't further defined. I plan to work up until my due date (Dec 20), but currently am still working minimum 50 hours/week and sometimes up to 60 hours and I'm on call 3 nights a week and every 3rd weekend. I am exhausted to say the least since I have also had issues with iron deficiency anemia. The iron situation got bad enough that I had to go get IV iron for 4 treatments that started at 7am so I would only be last for work by an hour. 

Anyone else out there struggling with maternity leave and/or getting time off for doctors appts? Is this normal for most employers and I'm just being silly to think its not? 

lpmn10

Ugh this sounds awful! I'm so sorry that you're having to deal with this. I also work for a small business (in another state) and unfortunately there aren't a lot of protections for us. It's really unfair for your boss to decide this after the fact. Has anyone else at your work been pregnant (or had an illness that required frequent doctor visits) before? Maybe you could find out if they were subjected to the same thing. My only real piece of advice is to make sure you get your maternity leave in writing! You don't want him to go back on that after the fact!

AlejandraN2

I am sorry that sucks. I think you have a fair argument against your boss - he should've told you in advance if the doctors' appointments had to be counted as paid vacation times. He can't retroactively decide that because you could've handled your appointments differently should you have known. Not sure what your relationship with him is and how much you can push back, but I'd totally fight this. Do you have HR? If yes, then I'd get them formally involved. If you have other coworkers that have been pregnant in the past there then I'd also ask them too to understand precedent. 

LMJL

AlejandraN2 said:

I am sorry that sucks. I think you have a fair argument against your boss - he should've told you in advance if the doctors' appointments had to be counted as paid vacation times. He can't retroactively decide that because you could've handled your appointments differently should you have known. Not sure what your relationship with him is and how much you can push back, but I'd totally fight this. Do you have HR? If yes, then I'd get them formally involved. If you have other coworkers that have been pregnant in the past there then I'd also ask them too to understand precedent. 

I agree & think no matter what you should "politely" explain that this is very difficult to do after the fact & that had you been aware of this previously you would have kept track of missed time.
Also, I'm assuming you are salaried? It sounds like you are still doing the same amount of work as you would have been doing if you weren't pregnant. If so, I might bring this up to your boss as well. Bring to his attention that while you may have not been in the office for those particular times you still completed your normal workload & haven't fallen behind, so you don't feel like you should be penalized for this.
Also, this sucks! & I'm sorry you're dealing with it. Ugh, maternity leave is so messed up in this country.

mhwood

Do you have an employment contract that stats you have to use your vacation days for medical appointments? If not, he doesn't have a leg to stand on, and firing you right now could get him sued for discrimination.

MegStark

I agree with PP that telling you after the fact was the wrong thing for him to do. Do you know why this is coming out of the blue? I just ask because if there have been others that have had to use PTO for any type of doctors visits, they might have brought it up to management if they know you didn't have to. Just be careful how you word things if you talk to others that have had pregnancies or illness. You don't want it to get around the office that you're complaining. 

Also, it sucks that the company doesn't allow you to qualify for FMLA, but at the same time, they don't legally have to give you maternity leave either. Especially full paid. So, while it sucks that you're going to have to use some PTO for doctors visits, at least you get maternity leave. I know most companies make you take all PTO while FMLA and short-term disability (if you have it) are going at the same time. So, you most likely wouldn't get PTO on top of the maternity leave anyways if it were a slightly larger company that had to give FMLA. 

TomekiaB

If you are salaried you shouldn't have to use PTO for doctors appointments but may need doctors notes as proof that you indeed were there. Since you are working 50+ hours at one job per week I am guessing you are not paid hourly. If he wants to charge you PTO after the fact I'd be inclined to let him take the time to figure it out.

Cmagno

I'm salaried and all doctors appointments are considered okay as long as I'm at work the rest of the day. TBH I just didn't make a big announcement when I left to monthly then weekly appointments so it was a nonissue, but I'm lucky in that I have a job where we all come and go throughout the day. I work 20 hours a week and also could not get FMLA so I had to get approved personal leave for my maternity leave. Luckily they approved 16 weeks off, unpaid. I work for a big hospital so it's a lot different then working for a small company, but it sounds like they are really being unfair/making life difficult for you! Good luck!

nickimonroe

Contact your labor law department! Small company or not they have to abide but the laws set forth. ...maybe if you aren't sure about it ask him for the information to contact them so he knows you aren't going to take the bs. Because this could turn into a lawsuit on his behalf. ..make sure you look into all handbooks etc. Also document all conversations and or record them if possible