Question regarding FMLA

Mack924 · November 2009

I work for a small clinic that has less than 10 employees, which means I'm not covered under the FMLA, correct?

I do believe that since I've been on my maternity leave (8 weeks, unpaid), my position has been replaced by someone part time - they will not return my phone calls or e-mails, and its quite difficult to stop in and speak with my boss, since he is a therapist and is in session from 9am-5pm, daily.

Can they replace me while I'm on maternity leave even if I'm not covered under FMLA? It just seems so wrong and unfair, especially since they won't let me know if I'm supposed to come back or not.

leslie&brian · November 2009

I may be completely wrong here, but I thought that they had to hold your position for 6 weeks if you had a vaginal birth and 8 weeks for a C-section, even if you aren't eligible for FMLA. Once you are out longer than that they don't have to guarantee that you'll keep your job.

realisticdreams · November 2009

Legally, I dont' believe you are covered under FMLA so you have no legal job protection. Did they discuss anything before you went on leave?

Morally, it's pretty shitty of them to do it without giving you a heads up.

Mack924 · November 2009

realisticdreams:

Legally, I dont' believe you are covered under FMLA so you have no legal job protection. Did they discuss anything before you went on leave?

Morally, it's pretty shitty of them to do it without giving you a heads up.

I told them that I would return after 8 weeks, and they were okay with that, since I trained an intern to cover for me while I was on leave. Apparently she quit and then they hired a part time person. Since then, they won't tell me if they want me back or not, their being so difficult. I have a little feeling they just want me to tell them that I quit, so they don't have to pay me unemployment. Ugh.