FMLA and Hours (long)

ckissell · April 2013

Hey ladies, good morning! Here's a little background. Last year I switched jobs, moving to a company that I thought would offer more opportunity for me in the future. In December, the husband and I found out we were expecting our first. So, recently I've been making sure I contact all who need to be aware of my August maternity leave and how I go about doing what I need to do.

Currently I hold a Full-Time position.

My only request upon returning to my job, that was I could reduce my hours to 32 hours/week. So, losing 8 hours... basically one day of work. I work 30 minutes away, so that one extra day would mean the world to me to be able to spend it with my son.

Our company just went through some changes and we aquired a newer area supervisor, so she was the one I met with last Thursday. We spoke about my maternity and she stated that she isn't sure that a Part-Time position would be available, but we didn't want to jump to any conclusions and we could see what could be worked out. I felt a little nervous about our meeting afterwards, but felt a little hopeful as well. Thinking, certainly, in a nationwide company, that this has to have come up in the past. Certainly I'm not the only pregnant woman who has taken leave and reduced to a Part Time status afterwards. Seems like it would be pretty common to me.

I had yet another meeting with her yesterday, although this time, it was pretty straight forward. I would only be available to work Full-Time or basically the company has nothing to offer me. Still determined to do 32 hours a week, my husband works Full-Time and we have a small business out of our home (which at the moment doesn't generate enough income to cover my salary, so working for the business wouldn't be beneficial to us) I started to question what I do from here on out. I said that I am not planning on going anywhere from now until my leave, but I needed to know what I should do afterwards.

My one year anniversary with the company will be at the end of September, at that time, the FMLA will kick in. So, until then, my job is currently unprotected. I will take my 6 weeks paid Short Term, and then the FMLA will allow 12 weeks to start at the end of September. So, my "start back date" would be roughly around December 17.

Now, my area supervisor told me, that since there is no opportunity for my Part Time request, that December 17 would be my termination date. I clarified that that would mean THEY would fire me. She agreed. I said, ok. I also received an e-mail stating the same from HR.

A little blurb from her e-mail states: If you do not wish to return to the Full Time position and there is no other position available for you at that time, your employment would be terminated due to your failure to return to your previous position. At that time, it would be your option to apply for Unemployment with the state and they will make a determination regarding your claim.

So, to me, that sounds like they would fire me based on me not returning to my previous position and the company not having an available position for me. I would then file unemployment. But then when I spoke with her on the phone to make her aware of my meeting, she stated that it would be a resignation due to them holding a job that I chose not to come back at.

Which, I understand.

But, forgive me, I'm a little peeved off that this company, which prides themselves on happy employees and opportunities to grow within the company, is unwilling to work with a current employee.

I can certainly have other opportunities, such as going back to my previous job. But, to me, it just feels like what they're doing to me is wrong.

Your thoughts?

Cristine · April 2013

I would tell them you're coming back full time and then while on Maternity leave look for something part time. It sounds like they might fight unemployment benefits since technically they would let you return just not at reduced hours.

lkobriant · April 2013

I agree with PP. Sadly, from my understanding, what they're suggesting is completely legal and since your termination would technically be your own doing, I wouldn't count on unemployment. Just sounds like a bad situation all around.

matthewsdm · April 2013

According to the laws, I'm pretty sure they only have to provide you your job or an equivilient one upon your return, which means they could probably get away with it since you are not currently in a full time position. I'd just say you will keep your cur

MrsSteSte · April 2013

I am honestly baffled that someone would think a company has any obligation whatsoever to change a full time position to a part time one simply because the employee decided to have a child. I would be out a job if I decided on a whim I only wanted to work

katharine25 · April 2013

They run a business. You no longer want to work the position you were hired for (5 days a week). what they are doing is completely within their rights and pretty standard. If I were you, I would tell them you fully intend to come back 5 days/week, and

BelhurstBride · April 2013

katharine25:
I think you may also want to double check your understanding of FMLA... I'm certainly not an expert, but I think

mattsdorothy · April 2013

katharine25:
They run a business. You no longer want to work the position you were hired for (5 days a week). what they are do

MammaBear81 · April 2013

katharine25:
They run a business. You no longer want to work the position you were hired for (5 days a week). what they are do

amberyintar · April 2013

MammaBear81:
katharine

Mrs.Handy · April 2013

MrsSteSte:
I am honestly baffled that someone would think a company has any obligation whatsoever to change a full time positi

rissa06 · April 2013

I agree with the above poster. FMLA and STD are two different things and FMLA is the leave/job protection and STD is the payment out while you are on leave. Additionally, each have different regulations. FMLA is that you have to work

Missuskeekers · April 2013

I don't understand why you think they should essentially create a part time position for you when obviously they need someone full time. What do you expect them to do? Hire another person for one day a week? The cost is not equal because you need to consi

Mrs.KMid · April 2013

As an HR Director I must say how happy I am to see a group of ladies that understand the law and their rights under FMLA. When I was pregnant with DD I was surprised at the amount of ladies on here that just didn't understand the law. &nbsp

Ritter1125 · April 2013

If its an extra day off you want, why not try asking for a flexible or alternate schedule (if company offers) I have a full time job, currently woring an 8 hour day. There are many employees here that coordinate with the boss to work either 9 hr or 10 hr

BoxerMom21 · April 2013

I think you're lucky they are willing to hold your job for you since you're not eligible for FML - we defintely wouldn't do that. The company has no obligation to make up a part time position for you. If they do it for you, then they'd have

shelbell1028 · April 2013

MrsSteSte:
I am honestly baffled that someone would think a company has any obligation whatsoever to change a full time positi

Carnation77 · April 2013

I think your expectations of your employer are completely unreasonable and I wouldn't count on getting unemployment since you're essentially quitting your job.

atoz625 · April 2013

I didn't read all the responses, but could you do four 10 hour days, instead?

boymamaco · April 2013

I currently work full time and am fully aware that my employer doesn't have any intent of letting me go part time after I return. We've even had people not hired because they wanted to leave early to pick kids up from daycare. They run a business and can'

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