Got a Letter of Termination-

mizzmeg

So I just found out that I was denied maternity leave through FMLA. I have worked for the company for 5 years, but didn't put in 1000 hours in the last year. In order for me to keep my job, I have to take my daughter with me and go into work just 18 days after a major surgery. My boss wants to me to come in and just sit there for three hours. I know it doesn't sound too bad (short hours and taking her to work) but I shouldn't have to do this. 

And on top of it DH just pulled the "well I need to nap because I work" line. Too bad caring for our child isn't considered work when I EBF. I haven't had a day to myself since she was born because I need to have her with me. I am frustrated and tired. He's lucky he rarely acts this way.

(Wow- turned into a mini rant too!)

 Anyways- Any advice on what to do? I am pretty sure it is illegal to terminate a person because they had a baby.  

AnneShirleyBlythe

It is illegal to fire someone because they had a baby, but it doesn't sound like that is their reasoning. You should not have to do that and they should have warned you before. I am sorry your H is being a douche. 

MommyHarrison

Yes, while they can't fire you because you just had a baby, they don't have to give you the leave. I suppose it depends on how badly you need your job. If you can live without the job, then I can understand not going back...but if you really need it, I guess it's good your boss is at least trying to be accomodating, considering.

EJensify

MommyHarrison:

Yes, while they can't fire you because you just had a baby, they don't have to give you the leave. I suppose it depends on how badly you need your job. If you can live without the job, then I can understand not going back...but if you really need it, I guess it's good your boss is at least trying to be accommodating, considering.

This.

Angel0423

 I didn't qualify for "maternity leave" either, so I'm on an unpaid leave of absence.  Yes someone should have told you that your maternity leave wasn't approved before you left, but i didn't think they could deny you leave, just deny you pay.

 Looks like your boss is trying to find a loop hole to save your job. Are you only having to go in just the one time, or 3 hours everyday? (You said "go into work" opposed to "come back to work" so I wasn't sure). If you don't go just on principle you'll be jobless... so I guess that's where your decision lays.

h2ojock13

I'm curious about something, if you get terminated from your job because you didn't qualify for FMLA would you then qualify for un-employement? Turning your unpaid leave into potentially a paid (involuntary) leave?

Temp38995750004016

I don't get it.  Do you not have maternity benefits?  My paid maternity leave is separate from FMLA, although they run concurrently.  Are they saying you don't get any paid leave at all (which is what I think maternity is), or that you will lose your job if you don't come back (FMLA)?

I think it's pretty stupid of them to have you come in three hours to just sit there and do nothing.  What is that really accomplishing? If they don't want you to come in and do any work, why not just let you stay home and do nothing?  Sounds silly.

AmyO.

pook:

I don't get it.  Do you not have maternity benefits?  My paid maternity leave is separate from FMLA, although they run concurrently.  Are they saying you don't get any paid leave at all (which is what I think maternity is), or that you will lose your job if you don't come back (FMLA)?

I think it's pretty stupid of them to have you come in three hours to just sit there and do nothing.  What is that really accomplishing? If they don't want you to come in and do any work, why not just let you stay home and do nothing?  Sounds silly.

I don't get it either.  I think you should be entitled to FMLA but just be unpaid.  No?

mizzmeg

AmyO.:

pook:

I don't get it.  Do you not have maternity benefits?  My paid maternity leave is separate from FMLA, although they run concurrently.  Are they saying you don't get any paid leave at all (which is what I think maternity is), or that you will lose your job if you don't come back (FMLA)?

I think it's pretty stupid of them to have you come in three hours to just sit there and do nothing.  What is that really accomplishing? If they don't want you to come in and do any work, why not just let you stay home and do nothing?  Sounds silly.

I don't get it either.  I think you should be entitled to FMLA but just be unpaid.  No?

Sorry I should have made it more clear lol. I was denied maternity leave through federal and corporate. Federal Leave (FMLA)- Denied because I didn't work 1000 hours in the last year.  Corporate Leave- Denied because I am not full time. I was not able to request off more than two weeks of unpaid vacation time (Didn't know when I was going into labor) and now it is too late because I have been off the schedule for 3+ weeks.

I ended up going into work after calling the department of labor. They are going to investigate the situation and call me back. I went in just in case I was in the wrong and didn't want to lose my job. I have been there so long and I love my job.  

Temp38995750004016

UGH, that really sucks. It sounds like corporate is being a pain but your boss is working with you to allow to do as little as possible and still keep your job.  Good luck.