FMLA questions

sparty611

My maternity leave is about up, so I emailed my bosses over a week ago stating a timeframe when I would like to return and the hours I would be available due to daycare availability (I'm a retail manager and would work various shifts, and I was the lucky one who got the bulk of the closing shifts, 4/week).  Still didnt hear back from them, so I sent another one the other day regarding a definite return date and questions regarding adding LO to my insurance plan.  I finally received a response that I need to be 100% available at all times in order to receive same salary and benefits as before, yet other employees can dictate their availability on a weekly basis and have no repercussions.  They want to sit down and talk about my scheduling to see if they need to 'adjust expectations'.  Can they decrease my pay rate based on me needing to adjust my schedule and not being able to close 4 nights/week?  I'm rather upset as I had mentioned a change in scheduling before I even left and was told it could be accomodated.  I told them I wanted to return to doing what I did before, just that my hours would have to be different.

 They do a lot of their job posting online, so I had a hunch after reading the email the sent me...I found one that stated they were looking for new managers due to 'weddings and maternity leaves.'  If I'm not mistaken, I thought they had to hold my position for me for the duration of my leave, unless I voluntarily decided I did not want to return.

Sorry if this is a bit choppy; just rather upset and feel like I have been thrown to the wolves and nervous about a potential job change.

CountryatHeart

Well it does sound like they are thinking you might not be suited to their standards anymore.  But yes, if you have FMLA through your employer, they are required to hold your job that long, but no longer.  That doesn't mean that they can't be looking and even interviewing to fill your position if they think you are acting flaky.

I think that if you went from being available to close 7 nights a week, to now being unavailable more than 50 percent of those shifts, they have a right to be annoyed.  But in their own passive/aggressive way, it seems they are giving you the chance to sit down and discuss your situation.

Why is it that you can't close but 3 nights a week? Can't DH be available with DC on the nights you have to close? If it seems like this job no longer suits your life, it might be better to look for something else.

 

RoxyLynn

FMLA doesn't guarantee that you return to the same job, it guarantees that you return to an equivalent job.

Do these other employees who you say make their own schedule also have management titles?  Does your job description require you to be regularly available?

monica92603

I'm a retail General Manager so I get the scheduling thing.  W/ me though, I went back with a fully open schedule b/c I had too.  There is no half way w/ management.  You stated that others dictate their schedules....did you mean regular associates or other management team?  You can not hold an hourly associate to the same standards as a manager.  I'm lucky enough that 1) I have a flexible team that works for me so we make the schedule fair and 2) H is a restaurant GM so we keep daycare to a minimum b/c he works crazy hours too. 

It is tough though b/c there are always last minute changes we make to our schedules b/c of the job we're in but it always seems to work itself out.

They have to hold a comparable job for you b/c of FMLA not your exact position (at least that's how many company's I know work it).  Also, I know they were informally looking for a replacement for me as well mostly b/c you just don't know if moms are going to change their minds at the last minute and bail out on a job to be a stay at home.

The only reason I could think they would decrease your pay is if for example...you were a salaried manager and it was decided you were going to change to an hourly keyholder or something so you wouldn't have to have totally open availability, then yes, your pay would change.

I'm also sorry to say if you didn't get the conversation in writing w/ HR that someone said your new schedule would be accommodated, then you don't have a leg to stand on.

superscarf

As with any FMLA return, there is such a thing as reasonable accommodations. You are totally within your rights to ask for accommodations when coming back from leave, and your employer has to review them and decide on what they can/can't do. This is typically negotiated and decided upon before you return. For example, if you work nights restocking groceries and you ask not to have to lift anything over 10lbs, this would not be a reasonable accommodation since heavy lifting is a job requirement. If you simply ask to work part-time for the first month, that would be reasonable. Now changing to part-time might change your right to full benefits as defined by your employer so that is something you'd need to work out before you return. It would probably be best to get your HR or ER (employee relations) group involved. Good luck!

sparty611

I'm just so torn about the whole situation.  I spoke to them before I left and they made it seem as though they would be happy to accomodate my scheduling needs.  My bf works long hours and I said I would have to work around his schedule and whatever schedule I would have for LO's daycare.  Now that it's time for my return, it seems like a whole other ballgame.  Other managers make crazy scheduling restrictions for themselves, often simply because they dont want to work weekends/holidays.  I closed every weekend simply because everybody else wouldnt do it, and have even suggested rotating weekends off.