Penalized for being pregnant???

Haleakala

I am a paralegal at a small firm. I haven't had my review in 2 years...the economy sucks and the bottom line is I need my job and will be returning to work after my 3 month leave.  I have been here for 6 years.

I asked the office manager today about having the firm pay $150 for me to become recognized by the Florida Bar as a certified paralegal (I have the degree requirements/experience requirements already).

Her answer was I'm not sure if we want to invest in you until we are sure you are returning to work after your leave.

I was a little put off by her wording. My review would have been last month and yet again I didn't receive one. Was this too much to ask? Oh, and my boss has asked that I be on call when I am on leave so I might come in to help out from time to time.....I have every intention on coming back (I have a mtg/car payment....bills to pay). 

Was this right what she said, how she said it?  

 

   

SuperSuz

Do you have an HR Department or policy?  If so what does it say about benefits, mat leave, companying paying to get certified, etc?  I would think that it would depend on company policy and state and federal laws...

mrskadams

I have no idea about the legality of it all, but I'd say it was pretty shitty.  Plus, I'd think I'd have to tell them to eff off about being available during maternity leave.  That's why it's called LEAVE.  Unless of course, they want to comp you for every day you have to drag yourself in there.

dawnzer

Just tell her you would be happy to sign something saying you will repay the money if you don't come back. ?I can see why she said it, but she could have been nicer about it.

megs042107

to be on call? ?um, you're out on short term leave... you can't be on call. ?i'd march right in to the HR rep's office... assuming you have one, of course.

how many employees are in your firm??

hbdpt

Yeah, that doesn't sound good.  Did you get FMLA forms filled out yet?

When I  had DS, my boss didn't send me my holiday bonus check because he was waiting to see if I came back to work.  Now, I worked my butt off for the whole year, went out right before the holidays, and he didn't want to give me the check that I earned (which also happened to be part of my salary negotiations). 

Good luck with your situation.

cobaltblue

Her answer was not very tactful.  But, if I understand correctly, she basically suggested that they'd rather wait a few months until you come back from maternity leave before they pay for the certification.  That, in and of itself, seems fairly reasonable.  I'd be annoyed, too, but try to let it roll off your back and ask again when you return from leave.

August112007

Please go talk to your HR.  She cannot say that.  And once you are on leave you are protected by the FMLA laws but I would still want that documented along with not having a review. 

Haleakala

It's in the employee manual that we can have the office pay for these things, as well as education, CLE credits, etc.

I just feel like if I wasn't pregnant it would not be a problem, since I am pregnant I do not get a review (nor a raise since the HR lady thinks I may be a flight risk) and I have to come back to work, I have expressed that. I live in a HCOL area and there is no way I could just change my mind on leave. (And the fact that I am coming in if they need help, felt like it was a slap in the face).

Haleakala

megs- The company is 12 employees so no FMLA, I did negotiate with my boss to have 3 months off instead of 6 weeks but I do real estate...since the market is crap they don't want to hire a temp so I am trying to help out to also keep my job during a slow economy.

Thanks to the pp that said I should sign something about reimbursement, I think that is a good idea.  

 

TimingisEverything

I would have to agree with your manager on this one. You are leaving very shortly to go on maternity leave and even though you say you are coming back, she has no guarantee. Many women say they are coming back and never do. She probably does not know that you NEED to return to work, I do not share my financial situation with my boss. Why would she invest that money in you just to have you quit? I think she has every right to wait until your return.

cyndelgrace

You cannot just swing back into the office while on FMLA - you're on leave for a reason, especially if you're getting paid disability while you're gone, your company is putting you in a very bad spot. What does your policy say about your review? At our company your review and your payraise go hand-in-hand and you're due on your work anniversary - If you're due for it by their policies then definitely bring that up with HR! Make sure you document all of this! Times, dates, etc. As much detail as you can.

And I second dawnzer: tell them that you will sign a document saying that if you don't return you will pay the money back. Maybe that will tell then that you plan on returning and they will loosen up on all of it...

?Good luck!?

by your side

ask Megs....she is in HR

JARbaby

Yup you can negate your FMLA or STD by going into work for anything work related.

divakat

Definately don't go in while you are on short term disability (usually the first 6 wks of your leave). It may negate your STD.  Also, bring up the fact that you are on call so you expect to have the reimbursement. Don't sign ANY documents like the other posters have suggested. You never know what may happen, and you don't want to be put in that kind of situation, having to pay all that money back.  The U.S. has the worst pregnancy leave policies out of all the industrialized nations.  It's really crappy that you have to go through all of this bs.