Question about leave- anyone in HR?

IdigDirt

I do not qualify for FMLA because we have less than 50 people. My work said they will hold my job for 6 weeks but my doctor wants me out at least 2 weeks early as I work on my feet and lift stuff every day and am more than an hour from the hospital. I am fairly sure the doctor would have me signed out for 6 weeks after birth + the 2 weeks before = at least 8 weeks. My work is saying if I take the 8 weeks it is considered job abandonment and I won't be eligible for unemployment since they won't hold my job for me.

Is that true since my doctor will have me signed out of work?

kmv68

I do not THINK they can fire you for a doctor's note that says you are unable to come to work, but I am not 100% sure.  I would look into your state's labor laws.

JaqiDec04

If he's ordering you home on bed rest, wouldn't that be considered disability? Pretty sure they can't fire you for that.

I'm sure it depends on your state, so I'd do some research on your state labor laws, and maybe even have a talk with a lawyer. A lot of places do a free consultation, and they would be able to answer your questions.

Sorry your job is being a pain. 

CarlaAndJames

I have nothing helpful, just wanted to offer my frustration for you. Makes no sense to me why they'd want to lose a trained employee adn try to go out and hire someone else just because you need 8 weeks of maternity leave. Blows me away and I'm sorry they're treating you that way

O2BaMom

I'm in a similar situation, I would search online to see if there are any state laws that protect your job (there aren't here).  Unfortunately if you lived in my state it would be legal to fire you for "job abandonment" for the extra two weeks Sorry

jsong

I believe you would have to take short term disability if you have that option.  I had hyperemesis the first 5 months of my pregnancy and got to a point where the doctor ordered me to stay home.  So, I had to go on short term disability.  Since your dr is ordering this, they will have to fill out the STD papers and you will be protected.  I had just started my company when this all happened and feared that I would get fired too but there are federal laws, not just state laws, that protect you from getting fired if you are on medical leave.  Good luck! 

IdigDirt

jsong:

I believe you would have to take short term disability if you have that option.  I had hyperemesis the first 5 months of my pregnancy and got to a point where the doctor ordered me to stay home.  So, I had to go on short term disability.  Since your dr is ordering this, they will have to fill out the STD papers and you will be protected.  I had just started my company when this all happened and feared that I would get fired too but there are federal laws, not just state laws, that protect you from getting fired if you are on medical leave.  Good luck! 

We do have STD but they are saying they still don't have to hold my job more than 6 weeks. This company is very evil and I would not put it past them to say "job abandonment" just so they don't have to pay unemployment. It is so funny because it is a small family owned company and they are always saying they are a very family oriented business but they don't fool anyone. Hopefully I will have found a new job before my 6 weeks is over.

jsong

samara826:

jsong:

I believe you would have to take short term disability if you have that option.  I had hyperemesis the first 5 months of my pregnancy and got to a point where the doctor ordered me to stay home.  So, I had to go on short term disability.  Since your dr is ordering this, they will have to fill out the STD papers and you will be protected.  I had just started my company when this all happened and feared that I would get fired too but there are federal laws, not just state laws, that protect you from getting fired if you are on medical leave.  Good luck! 

We do have STD but they are saying they still don't have to hold my job more than 6 weeks. This company is very evil and I would not put it past them to say "job abandonment" just so they don't have to pay unemployment. It is so funny because it is a small family owned company and they are always saying they are a very family oriented business but they don't fool anyone. Hopefully I will have found a new job before my 6 weeks is over.

That's just awful!  I work for a small business as well so I don't qualify for FMLA and only get 6 weeks leave through STD.  When I inquired about it, I was told by my STD insurance company that if your doctor puts you on bedrest, it does not count towards the 6 weeks of STD for maternity leave.  Could you inquire with your HR people?  Mine is a third party company since it is so small so, instead of talking to my boss, I just went straight to them.  I hope it works out.  The last thing you need is to worry about job security! Good luck

 

Heather16578

I know EXACTLY what you are talking about. I dont quailify for FMLA either (they require 1200 hours and im at like 1100 something crazy close) so my work told me I could take a medical leave - but if I dont come back from that leave EVEN if my doctor writes me a note they will not hold my job. Believe me this has already happened to three other employees at my job (they were out for surgies/illnesses) so I know that my work wont protect me.

So to answer you - Yes - even if you are not cleared by your doctor to go back to work if your time is up with your job and your not back they consider it job abandonment. I'm kinda going thru the same thing but I'm not planning on going back to work after I take my 7 weeks of sick time I've saved up since I dont get short term disability or FMLA.