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fricksgirl
member
One more go at this: If you don't qualify for FMLA...
fricksgirl
member
...due to the fact that you work part time and didn't meet the "hours worked" requirement in the past 12 months... your employer will "separate" from you (aka terminate you) the day after you give birth.
Correct or no?
Because this is what's happening to me. My HR says as of June 2 I am terminated and will be hired back in the fall if my boss chooses to do so. And don't freak out- it's OK- my boss tried to even fight it for me and our corporate said they have to abide by this policy.
I thought I was covered by PDL (pregnancy disability leave) but that's only for BEFORE the baby is born. Once it's out, no pregnancy, no disability.
I have faith my job will be there for me, it just sucks b/c it gives me less room to negotiate the other stuff I'm working on working out.
Opinions?
The Boy Wonder 8/23/06 & The Famous Baby 6/1/10
This discussion has been closed.
Re: One more go at this: If you don't qualify for FMLA...
This. I am currently on SDI and technically still have my job through Pregnancy Disability Leave. After the pregnancy my job will no longer be secure but I do qualify for Paid Family Leave through the state.
It seems strange that they are saying they are forced to terminate you. That doesn't seem right to me.
Found this:
Common Questions and Answers concerning FMLA requests:
Do all teachers qualify for the Family and Medical Leave?
No. In order to qualify for FMLA time, a teacher must have taught full time in the 12 months preceding the FMLA request. Under the Act, a teacher who was full time the preceding year of the request is considered to have met the 1250 hour requirement. If however, a teacher was part time the preceding year, they would not qualify for FMLA time as they did not meet the 1250 hour requirement. Only one FMLA leave can be authorized in a 12-month period. If both individuals are employed by Northville Public Schools, it is an aggregate 12 weeks.
What type of leave arrangements can a pregnant teacher make if she does not qualify for a FMLA ? **
A teacher who does not qualify for FMLA time will be able to use accumulated sick leave subject to the terms of the Master Agreement prior to delivery as ordered by the physician or for the period of recuperation (6 weeks or 8 weeks for C-Section) even if the employee does not qualify for FMLA time.)
I am a teacher, but I teach at a private school and therefore it's like a private sector job.
I only work 24 hours/week, company definition of "full time" is 30 hours/week, so I do not earn any vacation or sick time. I'm paid hourly and when I don't work I'm not paid, so there's no bank of sick or vacay time to dip into.
I am getting my 8 weeks of SDI pay through the state (and hopefully more for "bonding"), but that's nothing to do with job protection. State disability and them holding a job for you are totally different things.
Two follow up questions:
- When do you plan to return? If its the Fall semseter - why do they have to terminate at all? Aren't you just on break?
- If they treminate you, can you fill for Umemployment?
(I'm not an Employment Lawyer, but I play one on The Nest).
Your employer is a fvcking idiot and if you'd like to sue their ass you would win in a heartbeat. Just because you are not covered by FMLA does not mean they they are exempt from following CA state law. It sounds like your HR department has only focused on FMLA and failed to make sure they are in compliance with all CA right and responsibilites regarding pregnancy. I put a link that outlines it easily at the bottom but you can find all this info on Ca.gov too. *Former HR Director who actually did it right
here*
Under the California Fair Employment and Housing Act, employers with 5 or more employees must give up to 4 months of unpaid disability leave to women facing time off work because of pregnancy, childbirth, or a related illness. California pregnancy disability leave (PDL) also requires that employers transfer you to a less hazardous or strenuous position within the company during your pregnancy, if necessary. In other words, your employer must make reasonable accommodations when you are having a baby. The only excuse a company has to deny reasonable accommodations is if it can prove such accommodations would put an undue burden or strain on the organization.
https://employment-law.freeadvice.com/employment-law/california-disability-pregnancy-leave.htm
Even if you don't qualify for FMLA you still have some rights under CFRA
www.dfeh.ca.gov/DFEH/Publications/PublicationDocs/DFEH-100-21.pdf
I got that from searching https://www.dfeh.ca.gov/DFEH/default/ for CFRA
BFP #2 - EDD 2/26/12 M/C 6/28/11 @ 5w2d
BFP #3 - EDD 4/7/12 M/C 8/2/11 @ 4w2d
Too beautiful for this earth
BFP #4 - EDD 12/09/12, Lucille arrived 11/26/12
Sadly in some states, yes, this is very much the case. But listen to jsugrin, CA has special provisions. FMLA is not the only job protection out there. CFRA usually follows the same qualifications as FMLA but CA has other laws that do protect your job for a short period.
It has nothing to do with SDI or Paid Family leave. Those are state programs separate from your employer.