WOW told I could stay home...

06162006bride · July 2012

So my husband and I went back and forth with our decision for me to go back to work now that we are having a 2nd baby. Needless to say I haven't made a decision when today my boss' wife, AKA office manager asks for return dates, leave dates, how many days I wish to come back, etc. then says "we understand your job as a mom comes first and we would understand if you chose to stay home". WOW, breaking a few laws there while tap dancing around it. I am an inconvenience apparently and told by a coworker they hired my replacement already. Thoughts?

T

Demedoll · July 2012

They can hire someone else if they want to, but they are required by FMLA to give you your job back when you return from maternity leave. If you plan on working after the baby I would make it very clear to them you have no intention of quitting after the baby arrives.

If they tell you while you are on leave that you cannot return because they hired someone else, sue them

Good luck!

egeiger · July 2012

Assuming you qualify for FMLA (this sounds like a small business based on wife's mention) they are only required to give you a position equal to yours. So they may be filling your role and trying to figure out where to put you depending on if you retirn FT or PT. Doesnt sound unreasonable to me.

shannm · July 2012

Eh, maybe I'm missing the tone of the statement bc if my employer said that to me, I don't think it would bother me. Just sounds like an honest statement to make. I also don't really get why that is dancing around something illegal. Also, I am making huge assumptions, but it sounds like your coworker is just trying to stir sh?t up.

CrazyToast · July 2012

shannm:
Eh, maybe I'm missing the tone of the statement bc if my employer said that to me, I don't think it would bother me. Just sounds like an honest statement to make. I also don't really get why that is dancing around something illegal. Also, I am making huge assumptions, but it sounds like your coworker is just trying to stir sh?t up.

I also didn't read anything into it about giving away your job. It sounds like they are trying to let you know you have options. Maybe you've left out something...otherwise this sounds paranoid.

mben1119 · July 2012

I don't see any laws being broken at all. I see a business asking, rightfully so, when you plan on leaving and coming back. I also see them being realistic, because many many moms don't come back to work. They gave you an out.

DelBride2012 · July 2012

I would be livid if my job told me that they "know" that my first obligation is to my child. No one would ever say that to my husband.

But, mabenner is right. How many times have you seen women on this board planning to leave their employer in a lurch by taking the maternity benefits and peacing out? You can't blame employers for planning ahead.

Pesky · July 2012

Okay, it is strange, presumptuous and awkward but you just said you are still discussing whether or not your want to return anyway. She just told you that they would understand and you needn't feel obligated because you don't want to leave them in the lurch. To me, that means you can make whatever decision you like with a clear concious here. I wouldn't try to read more into it and agree the CW could just be stirring up trouble.

iluvmylab · July 2012

mabenner1:
I don't see any laws being broken at all. I see a business asking, rightfully so, when you plan on leaving and coming back. I also see them being realistic, because many many moms don't come back to work. They gave you an out.

This. What law are they breaking?

reb562 · July 2012

The FMLA let's you have a job..not necessarily the same job. I also don't see any laws broken. Sorry, maybe not what you wanted to hear, but the company needs to keep going...with or without you.

Manateearmz · July 2012

I don't see how any laws are being broken. It sounds like she is being a good manager and making sure the company has coverage for you while you're out. This "replacement" might be a temp worker while you're on maternity leave. Also, this is a family owned business she was probably sensing that you're struggling with your decision to come back to work or not (maybe you've been tap dancing around the return date questions?) and wants you to know that they are ok with whatever you decide. You can't hate the woman for putting her company first.