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October 2011 Moms
No maternity leave for me :(
So my employers have stated that even though I don't qualify for FMLA because I have only been there since Jan as a full time employee (I started as a contractor last August) they would hold my job until I back from leave. Well yesterday we get an email basically telling us that the company is have "small financial problems". We use an outsourcing firm to do all of our payroll and HR functions and according to the letter I received I am technically not an employee while I am out on non-paid leave.
So if my company goes under while I am out on maternity leave then I will have no job and not qualify for unemployment because I technically quit.
So I don't get to take a single day off to spend with my son. I am heartbroken and don't know what to do.
This discussion has been closed.
Re: No maternity leave for me :(
Hmmm... FMLA or not, you should still be protected under Disability I would think, no? I am not elligible for FMLA this time around either since I've been at my job for less than a year, but I am covered as long as I have a Drs note to be out "sick" for 6 weeks.
My bad, I meant disability.
But how will that be possible? You will just go back to work the day after labour? As a contractor you can't take sick days or anything?
ETA: I don't get how its possible that you can't take any days off whatsoever. That doesn't sound right. So since you've been contracting for this company you haven't had a single day off? A day off = quitting? That doesn't sound correct or legal.
I guess I am a bit confused. If you go out on non paid leave and they do not go under then will they give you your job back? If that is the case then honestly I would probably chance it (disclaimer: I have a full e-fund and unemployment benefits would not be as huge of a concern for me).
There is also some kind of weird thing in unemployment benefits regarding quitting for medical reasons. This may apply to the 6-8 period one general recommends for recovering from having a baby. So you should look into that.
If you aren't covered by FMLA then your company doesn't have to agree to anything. They don't have to hold your job for you. So if I wasn't worried about this small company going under it would be no problem because my employer said they would hold my job for me, but technically speaking I am on non-paid leave and am not an employee (direct quote from sourcing agency) therefore if my company goes under while I am "out on leave" then I was unemployed by choice and I don't qualify for any unemployment benefits.
So I'm confused, they are saying that by going on maternity leave you are voluntarily quitting and they will rehire you when you are ready to come back? Are they asking for some kind of resignation letter? That doesn't sound legal to me.
dont you still qualify for short term disability so you can get paid at least a portion for your time off? or does that not apply since you are sort of quitting temporarily (if I understand correctly)...
But there is a difference between FMLA and disability. Every working person should be entitled to disability. It would be like if a contractor fell and broke their leg on the job. They should still be entitled to disability, FMLA has nothing to do with it.
ETA: And it would not be considered quitting if someone needed time off for a broken leg. They are not quitting, they are recovering from a medical problem, much like you would be recovering from labour. The recommended time to recover from labour is six weeks, you would technically be disabled for those 6 weeks, so that's what you should get.
My company doesn't offer any kind of short term disability. I had to use all of my vacation time when my MIL passed away so I have no leave time at all.
I think this varies by state. If a contractor got hurt at work they would be covered by workmans comp, if they got hurt at home and were tmporarily unable to work they would be covered by disability IF they have disability insurance.
I'm currently a contract employee who isn't covered under FMLA (have only been at my job since March). I get what you're saying. Basically you can take the unpaid leave (be it 6 weeks or 12 weeks or whatever you choose), and because you're not covered under FMLA, they do not have to hold your job for you. That's it. FMLA is very clear.
You have to notify your employer of your intent to take a leave 30 days prior (I'm not sure if that's federal or a state by state thing, but those are the rules in PA). So they know whether you're taking sick/vacation time or an actual maternity leave. And I'm guessing that since you've only been a perm employee since January, you've probably used a good bit of PTO or vacation time that you've accrued since January, no?
Can you please share where you are located? I don't think it's up to your company to decide whether a sick employee gets disability or not. They may be able to get out of paying for it, but I highly doubt they can terminate your contact because you are out on medical leave.
I am in Colorado. Disability only covers a long term disability and because I am not "hurt on the job" I don't get workers comp. In some states there is coverage for pregnancy in the state disability coverage but not where I am at.
There is no such thing as guarenteed disability on a national level. That is the entire reason that FMLA was created. Some states have created state disability plans but they are rare (CA is one). Some employers offer private disability insurance plans which you have to pay into (I have this). But there is no federal disability plan, unless we are talking about Social Security Disability, and with that you have to be disabled for at least 12 months.
They can terminate her contract because she is on medical leave. Again, that is why FMLA was created to protect people.
First bolded sentence - is true.
Second bolded sentence - perhaps should be true but isn't always. I don't think all employers are legally required to offer disability.
OP, that sucks. Do you have anything in writing from them regarding their earlier representation that they would hold your job while you were out on leave even though you don't qualify for FMLA?
My BFP Chart
Becoming a better role model for my daughter, one day at a time
Here's where my situation gets funky. We use a company called Oasis for all of our HR and payroll. The way it works is that all of us are technically employed by Oasis and being leased to the company we work for. Oasis just said nope you don't qualify for FMLA to bad go talk to "my company" about them holding a position for you.
In the eyes of Oasis who is technically my employer I am not an employee, I even have to use COBRA for health benefits.
Hmm ... so who initially told you they'd hold your job, the not-Oasis company? And who did you get the more recent letter from?
Finally, (and you may have said this in a previous post and I missed it), does CO offer any state-created FMLA equivalent? I know not every state does, but NJ and DC do, for example. (For example, my employer is too small to be bound by federal FMLA but is bound by DC FMLA, fortunately for me.)
My BFP Chart
Becoming a better role model for my daughter, one day at a time
James Alistair - October 2, 2011
This actually reminds me of another thing. Most day care places won't take a baby younger than 6 weeks old, right? Will you be able to find a caretaking situation (perhaps with family or in someone's home) for your (literally) newborn baby? One other question - is your husband eligible for FMLA at his job? That might at least resolve the caretaking issue, though it wouldn't resolve the PP's practical question about going to work the day after you have the baby. (Not to mention that you may not even be out of the hospital the day after you have the baby, depending on how the birth process goes.)
FWIW, I'm not trying to make you feel worse, just trying to help you think through the practical aspects of this difficult news.
My BFP Chart
Becoming a better role model for my daughter, one day at a time
I don't think the PP was asking whether your company expects you to work the day after you give birth but rather whether YOU would physically be able to work the day after you gave birth.
Companies expect a lot of things that are not physically possible.
I am super upset at the moment so this is going to come across as b!t#^# but I really don't have much of a choice. Even if I take 3 days off after I give birth it doesn't make up for what I am losing. I know the point that is trying to be made but it doesn't help one bit it actually makes it that much worse.
...except for the fact that you'll be recovering from childbirth, sleep deprived, and have a new baby on your hands to worry about. That's kind of a HUGE reason that you won't be able to log in to work from the hospital.
Can I kindly suggest you have a look at your priorities? You're basing this decision on the "what if" of your employer going under in the - what? - 6 to 8 weeks you'd be off. And on a "what if," you're willing to sacrifice precious bonding time (and necessary child care) with your newborn infant son?
What if your employer DOESN'T go under while you're off?
Also, I think you need a reality check if you think you can log in from the hospital and then continue working from home with a newborn on your hands. Unless you intend on hiring around-the-clock, in-home care for your little one, it's not going to happen.
James Alistair - October 2, 2011
No, no it doesn't come off as being b!tchy or whatever. I completely understand why you are upset. I didn't mean to come off as insentive rather just ....I guses I feel like your company is sort of forcing you to quit. Which is disgusting and horrible and I am sorry you are going through this.
If it were me I guess I would scrimp and save all I can until the baby comes to protect myself the best I could.
I am not sure if you answered this before (I didn't see) but if your company does NOT go under would you still have your job? And I really think you need to check into unemployment because there are provisions that will still cover you if you needed to quit for medical purposes (Delivering a baby sounds like it could medical purpose).
I think another concern of hers based off the letter (or at least the way I read it) is that even if the company doesn't go under since she is no longer employed there they may choose not to rehire her. If they are having financial difficulties and can't afford to pay her, they could just not let her return to work. FWIW I have known a couple people who went back to work when their babies were about a week old. I have no idea how they did it but they did, and they weren't working from home.
In MD, so I'm sure other states have this provision, you are eligible to file for UIB as soon as a doctor clears you to return to work. I agree she needs to call her unemployment office and or department of labor. I don't think her work can force her to quit, although they can fire her, and she would be able to contest if she were denied UI and most likely be awarded benefits.
I dont know what your position is but is there any way you could work PT from home so that you atleast remained an "employee" in their eyes?
I've exhausted my FMLA because I started working PT hours at 18 weeks--however I am still getting STD pay for the PT hours I dont work, and for the FT hours on actual maternity leave because I elected to have STD insurance and I'm lucky enough my company is holding my position for me.
Whether or not you are entitled to unemployment is a bit subjective, honestly. I woudlnt' look at your situation as having quit. I woudl say that it takes a woman an average of 6 weeks to recover from a vaginal birth. So, I think that is what you should expect to be out (and your OB would probably agree with that). If your comoany went under in that time and you filed for unemployment (or they didn't bring you back on), it wasn't that you quit...it's medical. And I think that in an interview for Unemployment Insurance, you can convince them of that fact. I don't see them wanting to get involved in anything having to do with the rights of a pregnant woman, honestly. If I were you, I would just plan on being out for 6 weeks post-birth for recovery and bonding. Focus on your new life, your baby and you family...oh, and your recovery. Then deal with the "what-if's" You are most certainly not going to work immediately after giving birth so why even entertain the option? Does your situation suck? Absolutely. But if I were in your shoes, i would be planning for worst-case scenario and that woudl not include working the minute after I give birth.
Is it possible for you to supplement your (minimal) work benefits with private short term disability insurance? My husband recently added Aflac to our coverage and, although his employer participates in the program and deducts the cost from his wages each week (something like $7 a week to cover both of us), it was possible for us to do it privately too if we wanted.
That being said, I don't know if maternity disability is even covered by them, but it's worth looking into and we found it affordable enough for the benefits we'd gain if we needed to use it.
So for everyone that says that I should get "my priorities straight"
If I lose my job and have no unemployment benefits we could lose our house. I make equal money to my husband so I should just hope and pray that its okay even though its irresponsible of me to leave my family in a situation where we might lose 50% of our income.
Forgive me because I need to make sure we have a roof over our heads. DH can take leave and take care of our child. At no point am I putting my career ahead of my family and that is exactly what it sounds like I am being accused of.
I can't let worst case scenario happen so I don't really have a choice. I have spoken with our unemployment agency. I am at the mercy of my job and honestly if they laid me off today I would be in a better position.
Private STD doesn't cover maternity leave.
Employer STD requires has a waiting time before they cover maternity leave.
Also, I just want everyone to realize that being pregnant really doesn't giive you that many special rights. It essentially makes your pregnancy a disability on the same level as breaking your leg would be a disability or getting a long illness. The pregnancy discrimination act provides the following
1. An employer can't refuse to hire someone solely because they are pregnant if they can still do the functions of the job.
2. An employer can not force you to take leave as long as you can still do your job.
3. If you are temporarily unable to do your job, your employer MUST treat you like any other temporarily disabled employee. Meaning if they allow temporary disabled employees to alter their work schedules or change tasks then they must allow the pregnant woman to do this as well.
4. Employers must hold open a job for a pregnant employee the same length of time as any other temporary disability or sick leave. So, if your employers policy is that you can be fired after a certain period of absence due to sick leave then they can fire you for being out that same time due to pregnancy.
I do not think you are putting your career over your child. I think you are smart to be worried about your job. It sucks that you are in this position.
I don't think you are putting your career over your child. And I agree that your situation absolutely sucks. I just know that it would be close to physically impossible to work immediately after giving birth. Between the sleep deprivation, the appointments, the recovery (hell, it takes 10 minutes to pee after giving birth with all of the stuff you have to do) and caring for/feeding your baby. It just isn't a healthy situation and most employers, regardless of how long you have been there, will acknowledge that. Yours isn't and that is terrible.
I just usually take an "it will work out" attitude when it comes to things like this b/c really, there isn't much I can do and still stay sane. I would need at least a little time off from work for my health and the health of my baby. That said, DH and I put ourselves in a position where, if we were to lose all income, we would still manage. We wouldn't be comfortable, but we would sell our house and move to a small apartment or move in with family until we got back on our feet. We would sell a car or reduce our monthly expenditures to make it work until we were employed again. We woudl find a way to have our basic needs of shelter and food met until things got better. It isn't ideal in any way. But we talk a lot about the "what-if's" (I was unemployed when I got pregnant with this baby) and we know that we have each other and we have built a support system so that we can deal with the "what-ifs" shoudl they arise.