My wife works with a company that falls under the requirements of the FMLA. When you are hired, you sign a contract saying you will not sue for anything (kinda standard BS). A co-worker is pregnanat and the company told her that she is only allowed 2-months leave (supposedly per signed employee contract). Should she push for the 12-weeks? Hire a lawyer? BTW - the pregnant co-worker is Vietnamese, as is a substantial part of the workforce, but there is NO FMLA poster or information available in her language...another violation?
Any thoughts?
2006-08-08 12:22:55 · 6 answers · asked by jlc83171 1 in Politics & Government ➔ Law & Ethics
FMLA is unpaid, the company is saying she cannot take unpaid leave? That's illegal.
They have to give you the 12 weeks unpaid if you request it and you have to be allowed to return to your same position and pay grade. You do not have to sue to enforce FMLA, you can make a complaint with the department of labor. They investigate all complaints related to FMLA. Have the woman get the decision by her manager not to allow her unpaid FMLA Leave IN WRITING. She should press for that, if they are doing somehting illegal they will not want to put it in writing.
Then she can file a complaint with the Department of Labor or threaten to do so. No lawyers needed.
It's the company's option to force you to use your unpaid sick and vacation time, before FMLA kicks in, it's not required by law.
A contract saying you won't sue your employer IS NOT STANDARD BS, it's a huge mistake to sign that. Most companies do not require their employees to sign such a thing and you should never give up your rights as a condition of employment.
2006-08-08 12:30:00 · answer #1 · answered by Anonymous · 1⤊ 0⤋
The Federal law would govern over the contract. If you have two opposing guidlines such as the contract and federal law, the more lenient federal law would apply in this case. Contact the Department of Labor, they enforce the provisions of fmla. You must have worked for that employer for at least a year to be covered.
2006-08-08 19:48:38 · answer #2 · answered by breeze1 4 · 0⤊ 0⤋
A woman is legally allowed to take 12 weeks of leave, most work places only allow 6 weeks paid unless you have vacation time to add to that...the other 6 weeks in unpaid but she is by law allowed to take 12 weeks off, she needs to get a lawyer.
2006-08-09 11:27:17 · answer #3 · answered by hotmama 3 · 0⤊ 0⤋
FMLA is a federal benefit. They have to use their vacation time up and then their sick time that has accrued, then the rest is unpaid, but it's a LOA.
She should tell them she is getting a lawyer. Her nationality does not give them the right to exploit her. She's entitled to the federally mandated amount of FMLA by law.
2006-08-08 19:28:36 · answer #4 · answered by Lil' Dog 6 · 0⤊ 0⤋
Most companies allow 6-8 paid weeks for maternity leave
2006-08-08 19:35:50 · answer #5 · answered by Anonymous · 0⤊ 0⤋
i would definitely talk to a lawyer about it. even if no action is taken, at least she would get some legal advise. as far as her not being able to read the information, i'm sure that someone was around her that could translate for her, so i don't think that should be an excuse.
2006-08-08 19:30:12 · answer #6 · answered by trisha_r_c 3 · 0⤊ 0⤋