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6 weeks bonding leave question

ShelbyMadison04ShelbyMadison04
in South Jersey Babies

While out on maternity leave, the dermatologist I work for sold the practice. Everyone had to fill out new paperwork/w-2/employment contracts to begin working for the company that bought our office/practice.

The woman from human resources told me that since I am out on maternity leave and then will be taking the 6 weeks bonding immediately afterwards, I may either be demoted or transferred if they decide to fill my position while I am out. Can they do this? I am a nurse and only have a nursing license in NJ, so if I was transferred to Philadelphia I cannot work as a nurse.

I have not filled out any paperwork for this new company yet so technically I am not an employee as of right now. If my position is filled, can I collect unemployment since the company I worked for before going on maternity leave no longer exists?

I plan on calling disability and unemployment to figure it out, I was just wondering if what the new company is doing is legal or if I don't fill out the employment forms/contracts and am replaced will I be eligible for unemployment. TIA!

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Re: 6 weeks bonding leave question

  • AussiemummyAussiemummy member

    Hi,

    I don't really know the answer but it doesn't sound legal. I hope you get answers from the state. If not, maybe speak to an employment attorney? 

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  • lilylowlilylow member
    Doesn't sound legal to me.  I would contact the state and ask them. 
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  • ShelbyMadison04ShelbyMadison04

    Ok, just wanted to make sure I wasn't crazy before I contacted the state. Thanks girls!

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  • GdAsAuGdAsAu
    My knowledge of leave and ur rights is this....ok so if ur company still existed, then they would be legally obligated to keep ur position or find you an equivalent position with the same pay, but doesn't have to be same location. HOWEVER if ur company downsized or is no longer in business (which I think technically since the practice you worked for is no longer owned by the same people) then the new company is not contractually obligated to offer you a position since they never entered into the original leave agreement with you. Even more than that, once you come back from leave should they find you a new position, they can also immediately fire you on ur first day back. But in both these circumstances, including if they don't give you a new position with this new company, you should be eligible for unemployment. 
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  • ShelbyMadison04ShelbyMadison04

    Thank you for your help! I was thinking the same thing as you; since the company no longer exists, I should be able to collect unemployment if the new company replaces me. I was on the phone FOREVER waiting to speak with someone from unemployment to confirm this but I couldn't wait anymore and my daughter was crying.

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