Anyone else work for Kohls in IL or know IL FMLA laws?

tay5267

I work at the Kohls Distribution center but Im sure the rules are the same for stores. First off, let me say our building is pretty new so they havent had to deal with too many maternity leaves. Second, I have to say I dont have any confidence in my HR dept. I have had problems with them on a few separate issues already. 

Anyways, my MW said today that I should be allowed 12 weeks after the birth before going back. Which is what I always thought. My work says if Im certified to come back after 6 weeks, I have to go back then. I cant ever get a straight answer from anyone. Its always "look at policy #__ online" which is never written clearly. I would really like to take about 8 weeks off but the HR manager said Keep in mind we do have business needs so we need you here and we dont have to allow the extra time off.

Sorry, I think this turned into somewhat of a vent and ramble, but Im just confused and feel like Im getting jacked around by HR 

wachs

I went thru this with my work. I don't work for Kohls BUT federal law REQUIRES them to give you the full 12 weeks as long as you qualify for it. you may only be paid for 6 weeks of short term disability but the other 6 are given for bonding with your child. I ended up having to call our corporate office who then called our local HR manager. Don't feel bad about it and call the HR person above yours.

Kateysomething

I would ask your MW if she can provide you with a hard copy or a link to where you can find the law in your state that specifies the amount of time a mother is guaranteed after giving birth.

I would then present that information to your HR department.

..With a company like Kohl's, there should also be a 'higher' source you can go to than the HR department in your building - like the home office HR, perhaps?

I used to work in the home office of a major department store chain, so I know there was always further to go than their store's or warehouse HR.

teelaman

Key point: IF you qualify for it. You said that the building is new; so have you been in the job before and just moved to the new building, or have you already worked there for more than a year? Whether you're full time or part time you have to have worked an entire year AND during that year worked a qualifying number of hours in order to qualify for FMLA. If you haven't been there a year, or you haven't worked that number of hours in the previous year, then you don't qualify, and they don't have to give you any time off. At least, they don't have to keep your job for you during the time you do take off.

melissainabq

I don't work in IL but this might help a little. FMLA and your company's maternity leave policy in terms of pay are sometimes two different things. For example, I get paid for six weeks for a vaginal birth and 8 weeks for a c-section. However, if I wanted to take more time off, FMLA would ensure my job is protected for 12 weeks, including whatever time my paid coverage is for.

 

Does that make any sense?

 

tay5267

teelaman:

Key point: IF you qualify for it. You said that the building is new; so have you been in the job before and just moved to the new building, or have you already worked there for more than a year? Whether you're full time or part time you have to have worked an entire year AND during that year worked a qualifying number of hours in order to qualify for FMLA. If you haven't been there a year, or you haven't worked that number of hours in the previous year, then you don't qualify, and they don't have to give you any time off. At least, they don't have to keep your job for you during the time you do take off.

I get the qualifying part. We have been open for 2 years. There just hasnt been any opportunities for them to have to deal with maternity leaves. I have been there over a year

tay5267

melissainabq:

I don't work in IL but this might help a little. FMLA and your company's maternity leave policy in terms of pay are sometimes two different things. For example, I get paid for six weeks for a vaginal birth and 8 weeks for a c-section. However, if I wanted to take more time off, FMLA would ensure my job is protected for 12 weeks, including whatever time my paid coverage is for.

 

Does that make any sense?

 

 

Perfect sense. This is how I thought it would be. I get 6 weeks paid from the company (8 for C/s) and I thought I had the option for 6 more. HR said when Im allowed to go back (usually 6 weeks)  I have to go back.

amanda31H

FMLA is a federal act.  It has nothing to do with the state you live in.  However, you do have to qualify.  Here is the link to the Department of Labor's site.  FLMLA is also not "maternity leave" it is job protection and benefit protection (not a payment of any kind) for 12 weeks for a variety of reasons, one being pregnancy/bonding with a child.

https://www.dol.gov/whd/fmla/index.htm

wachs

tay5267:

melissainabq:

I don't work in IL but this might help a little. FMLA and your company's maternity leave policy in terms of pay are sometimes two different things. For example, I get paid for six weeks for a vaginal birth and 8 weeks for a c-section. However, if I wanted to take more time off, FMLA would ensure my job is protected for 12 weeks, including whatever time my paid coverage is for.

 

Does that make any sense?

 

 

Perfect sense. This is how I thought it would be. I get 6 weeks paid from the company (8 for C/s) and I thought I had the option for 6 more. HR said when Im allowed to go back (usually 6 weeks)  I have to go back.

my hr lady said the same thing. sadly just because a person works in hr doesn't mean they actually know their job. I ended up bypassing the trouble and just called the hr manager above mine at corporate. i had already printed out the FMLA laws for my hr manager but she just didn't get it.

teelaman

tay5267:

teelaman:

Key point: IF you qualify for it. You said that the building is new; so have you been in the job before and just moved to the new building, or have you already worked there for more than a year? Whether you're full time or part time you have to have worked an entire year AND during that year worked a qualifying number of hours in order to qualify for FMLA. If you haven't been there a year, or you haven't worked that number of hours in the previous year, then you don't qualify, and they don't have to give you any time off. At least, they don't have to keep your job for you during the time you do take off.

I get the qualifying part. We have been open for 2 years. There just hasnt been any opportunities for them to have to deal with maternity leaves. I have been there over a year

As long as you qualify for it (and I'm assuming since it's a Kohl's distribution center it has enough employees that it has to give you FMLA), then they have to let you take twelve weeks off and hold your job for you or provide you with a comparable job when you return. The other poster was right too though, that it doesn't mean you get paid for it - the company's maternity leave policy could be different; but no, as long as you qualify they can't NOT let you take 12 weeks if you want it.

MrsBalletStar05

Sounds to me like you qualify for FMLA - meaning you are allowed to take 12 weeks of time off.  That is a FEDERAL law, not a state.  So.....they have to let you take that time off if you do in fact qualify :-P  PP are right, you may only get paid for 6 or whatever, but if you want to take more time off than that, they are required to hold your job for you.

 

I've got a crazy company policy.  mine is.....

I am allowed to take 6 weeks and if I come back after just 6 weeks I get partial pay.  If I take longer, I get paid nothing.   But I COULD take 12 and they'd have to hold my job.  So maybe your company has some sort of weird rule like that.  But yes, you should be allowed to take 12 off and they must hold your job.

sucrets4

This, plus you don't have to take all 12 weeks consecutively.

How much they pay you (if anything) is up to them and is unrelated to FMLA.

aborgra

Don't work at Kohl's, but I work in IL.  For us, our STD gives us 6 wks for a vaginal delivery, which is paid.  The FMLA holds our jobs for up to 12 wks, but it doesn't pay anything.  Not sure if the FMLA is the same for all workplaces, but it sounds like 12 wks is common.