Community› The Bump Month Clubs› April 2014 Moms
April 2014 Moms
New Discussion

FMLA question

railroadRNrailroadRN member
in April 2014 Moms
I told my employer early in my pregnancy that I would be taking 12 weeks for maternity leave. Both my supervisors were pretty miffed about it and made it obvious by continually pointing out that I wouldn't get paid during that time (um...duh!) and one stated that she was planning to go on vacation during that time as if that would make me change my mind!

Fast forward to today, I get a text from my supervisor stating she has signed me up to work extra weekends in the next few months because other people have had to work extra since I've been out and they need a break.

Is this even legal? To make me work extra just because l have been out? I don't know the ins and outs of FMLA but certainly this isn't right. Any help? I haven't replied to the message yet.
Report Reply to Post

Re: FMLA question

  • Teresa1896Teresa1896 member
    No idea if it's legal or not, but it definitely seems like she's punishing you for taking a legal medical leave.

    BFP: 7/5/10   EDD: 3/13/11  Miscarriage 8/1/10 at 8 weeks

    BFP: 10/30/10   EDD: 7/7/11   Born 7/11//11 7lb12oz, 20 in.

    BFP: 7/30/13  EDD: 4/9/14 Born right on time on his due date! 8lb10oz, 21.5 in.


    Lilypie Fourth Birthday tickers
    Lilypie First Birthday tickers
    Awesome prophetic fortune cookie: Love is a present that can be given every single day you live

    Report Reply
  • Loading the player...
  • TallaBTallaB member
    edited June 2014
    It definitely sounds like they are  trying to punish you for taking FMLA. I know at our hospital they did forced mandatory overtime one winter when we were busy and didn't have enough staff. But, that is different than making you work extra simply because you took time off. So, I would say I don't know that its illegal (based off my employer doing the same), but its a jerk move. I wouldn't want to work there.

    ETA Really they knew you were going out on leave. They should have covered their bases so the remaining staff wasn't stretched thin. Thats their own fault. I would tell them no, you aren't able to work extra...maybe they won't force it?


    image
    image
    Report Reply
  • *sparky**sparky* member
    edited June 2014
    I don't know whether it's actually illegal but you certainly should not be punished for taking FMLA which is what it seems like they are doing. I would have a chat with HR because I would be concerned with how they will be treating you once you return.

    Not sure why they are bitter though. I am assuming this was a planned leave and you are not one of those "I didn't know I was PG" people who just suddenly gave birth one day. So if they are short handed and didn't plan for coverage then that is their fault.

     

    Report Reply
  • Manda+pandaManda+panda member
    Also, we have some lawyers who may be able to answer this question. I know @bootsiebabe‌ is one.

    Legal or not, I would be looking for a new job. People at work are shard tying to push me into picking up extra shifts. I only get two days with my kid a week. I'm BF. Even if I wasn't, still no. She isn't even the months old, I need time with her.

    I would print that text off, don't want to lose it.
    Report Reply
  • Cassi215Cassi215 member
    How big is your company? I know mine does not have to follow FMLA because there are less than 50 employees. They pretty much can do whatever they want. I'm a SAHM now but if I did go back I was only allowed 6 weeks no pay. Some positions are salary with hours tracked also and they require people to work 50 hr weeks at points :/ so it seems some companies can get away with whatever they want
    Report Reply
  • nikkimorellonikkimorello member
    edited June 2014
    Legally a company can not retaliate against an employee for taking FMLA; however, the company may try to show a business need for you working extra weekends (NOT that you have to because you were out on FMLA). I'd be interested in how your boss phrased the text, because that could make a big difference. As an HR manager I'd take this situation seriously and I'd recommend you speak with your HR rep.

    Edited for grammar.
    Report Reply
  • railroadRNrailroadRN member
    Thanks everyone. I contacted to DOL and was told this was definitely not legal and was referred to my local DOL office. I went in and spoke with my supervisor and she acted like this was "only fair" since other people worked extra while I was "on a break." I told her maternity leave wasn't a break. It's not that they were doing me a favor. It's the law. She really acted like I was out of place to ask to be given the same schedule I had before I took maternity leave. I told her to leave it that way, that I had to think about what I was going to do. My supervisors are aware now that i am looking for a new job.
    Report Reply
  • *sparky**sparky* member
    Good for you! Is there an HR dept you can go to? I can't believe they would be happy about what your boss is doing. I hope you find a new job!

     

    Report Reply
  • Yogini6911Yogini6911 member
    Keep the text and follow up with your local DOL office. Now that you're company knows that you're looking for a new job, keep any other correspondence about your leave and try to get responses written if your boss tries to verbally talk to you about this (follow up with email stating, "based on our conversation earlier...").

    You could also contact your local human rights council and talk with them.
    Report Reply
This discussion has been closed.
Choose Another Board
Search Boards
"
"