February 2012 Moms

Employer Issues (sorry, kinda long)

Ok, so a few months ago, I spoke to my boss about coming back to work part-time after my maternity leave.  We can't afford full time daycare, and I was abused by my own family member as a child, so I don't trust centers (I know that they aren't all bad, but my child is not worth taking that risk).  My sister offered to watch my baby for 2 days a week for free, I just have to pay her gas and expenses (no prob).  My sister saved my life on several ocassions when we were kids, and she has ninja reflexes (I once watched her catch her son with one arm while she still carried on a full conversation.  She defies physics, seriously) so I trust her 100%. 

Back to my boss, he is needy and whiny.  He also doesn't have any of his own children, and he is definitely NOT family freindly.  He complained incessantly about a woman at another company who took a 45 minute break for pumping and brought her son in one day a week...not family friendly.  He didn't want me to just be here part time, but when I told him that I wasn't budging, he caved and agreed to the part time schedule...until today.

He came into my office a few minutes ago and randomly asked how long of a maternity leave I plan to take.  I told him that legally I get 6 weeks.  He said that was too long.  I honestly don't mind going in after DH gets home from work to drive me.  I am the only one who can write checks and get his bills paid.  If it means I can keep my job and keep getting paid (and of course if I am healthy enough for it) I don't mind.  But then he starts with how he needs me here full time and that part time isn't going to work.  He is a technological idiot, so he doesn't understand telecommuting.  I can do everything but filing from home, and that is what the 2 days I would be coming in would be for.  We have a secretary, but she can't tell a document from a PDF and can't even attach files to her email, so she is useless.  I know that is why he is nervous about me leaving but it's not fair that I have to alter my morals and judgements, not to mention not bond with my baby after birth because he can't hire anyone who can do anything.

UGH!  Sorry about the vent, but I am beyond hopeless at this point.  And for those of you thinking about legal rights and all that, I thought about it, but most of the stuff he does is illegal, and because everyone who works here besides myself is family, they will lie for him so I wouldn't be able to do anything about it.

I just wish employers could be understanding!  We should be more like Poland!  They get 3 years maternity leave, and alot of that is mandatory, plus, they get assigned a nanny when they go back to work!  Something is wrong here...thanks for listening!

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Re: Employer Issues (sorry, kinda long)

  • Your state laws may be different than what I'm used to hearing about but are you sure that you legally get 6 weeks? The only real law I've heard that mandates maternity leave is FMLA and that only applies to companies of over 50 people which doesn't sound like your company. I obviously don't know every state's law but I'd confirm that you do legally get that time and then go from there. Even if you are the only person competent enough to do your job I wouldnt count on feeling up to working too soon after delivery. Sure it can and has been done but I'd try to avoid making promises of returning early if you can help it.
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  • The way it was explained to me was companies over 50 get 12 weeks, but it's unpaid, for under 50 it's 6 weeks, still unpaid.  They are required to hold my job for 6 weeks if I have been working here for over a year, which I have (I have been here over 3 years).  He doesn't have to work with my schedule, but I just asked that he lay me off instead of making me quit.  He doesn't want to let me go, but he doesn't want to be flexible either.

    BabyFetus Ticker
  • Legally, if you are on maternity leave...he cannot call you and you cannot call them to discuss or do anything work related!!! 

    I'm sorry you're having to deal with this and now may be the time you need to reconsider working for him at all after your minimum of 6 weeks is up!  If he's being such a pain now, how do you think he's going to be when LO is sick and you need to leave early, or not come in at all?  I wish we all lived in a perfect world where mommies didn't have to worry about leaving their babies, at any point, until they were absolutely ready, and then only if they wanted to!  But reality is,we don't!  And we do have to make tough decisions.  My opinion is you stick to your original decision...end of story.  If he can't handle that then maybe you both need to go your separate ways!

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  • I get that you don't want to hear 'legal' advice- so I'll pass on what I'd normally say.

    Instead, why not consider letting him know that you will work with a temp agency to find someone who can temporarily cover your maternity leave and who would be available the week before you are out so that you can train them. Then he won't even have to think about the 'techno' stuff that he can't handle.

    Regarding the return to work. I also wouldn't want someone to bring their kid to the office and I wouldn't have teleworkers who didn't have childcare arrangments- so I'd have to agree with him there. Still, if you can show him that a part time schedule will not only work (i.e. you will be able to get everything done in those two days per week), but that it will SAVE HIM MONEY, you may be able to convince him. Since you are already looking at flexible work arrangments why not looking at having two 10 hour days as opposed to the normal 8. Then you can squish the working week a bit more, without a drastic reduction in pay. The key to the situation is that you need to show him how this is not charity to you or the right thing to do (sounds like he does not care), but you need to show him how this will be a 'win' and make his situation better. Think about 2-3 points that would make him want to buy in to your plan.

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  • imageCrazygal7987:

    The way it was explained to me was companies over 50 get 12 weeks, but it's unpaid, for under 50 it's 6 weeks, still unpaid.  They are required to hold my job for 6 weeks if I have been working here for over a year, which I have (I have been here over 3 years).  He doesn't have to work with my schedule, but I just asked that he lay me off instead of making me quit.  He doesn't want to let me go, but he doesn't want to be flexible either.

    Is the 6 weeks unpaid from a state FMLA?  As far as I am aware, the Federal FMLA does not cover employees at all if there are less than 50 employees at the company.  

    And he cannot make you quit!  He will have to terminate your employment.  You jeopardize your unemployment if you "voluntarily separate".  Make him terminate your employment and get it in writing. 

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  • imagekristin172429:
    imageCrazygal7987:

    The way it was explained to me was companies over 50 get 12 weeks, but it's unpaid, for under 50 it's 6 weeks, still unpaid.  They are required to hold my job for 6 weeks if I have been working here for over a year, which I have (I have been here over 3 years).  He doesn't have to work with my schedule, but I just asked that he lay me off instead of making me quit.  He doesn't want to let me go, but he doesn't want to be flexible either.

    Is the 6 weeks unpaid from a state FMLA?  As far as I am aware, the Federal FMLA does not cover employees at all if there are less than 50 employees at the company.  

    And he cannot make you quit!  He will have to terminate your employment.  You jeopardize your unemployment if you "voluntarily separate".  Make him terminate your employment and get it in writing. 

    This exactly.

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  • Your boss sounds like an idiot-- and that's putting my word choice nicely.  Sorry you are going through this.   I would say stick to your guns and start looking for another job.  If you find a part-time you like, maybe he'll realize you are serious and be more willing to work with you if he really wants to keep you around. 
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