an are expecting to come back to the office and haven't been told that there will be someone taking over her job. She has been with the company for over 5 years.
2006-09-08 08:58:05 · 17 answers · asked by UnhappywithENDO-:O( 1 in Politics & Government ➔ Law & Ethics
FMLA (Family Medical Leave Act) states that when a woman leaves her employer through FMLA for maternity she is guaranteed by law to come back to a position of equal or greater pay. I don't believe that they can completely change your job description either, driving you to leave. It sounds as if her job is walking a thin line, she should keep an eye on them and look into the FMLA laws and what her company/corporation says regarding it in an employee handbook. If she has any questions, she should contact a Human Resources department. Good luck!
2006-09-08 09:23:06 · answer #1 · answered by superrix83 4 · 0⤊ 0⤋
She has legal ground to sue her former employer. It is a good thing that she didn't take the severance nor sign those papers!!! She has the right to be informed, even on maternity leave, if something is happening that can change her job status. Not to mention most paces give 6-8 weeks of maternity leave before even contemplating filling a position. If she is having problems finding a job, she can file for unemployment benefits, but if I was her, I would find a good lawyer and SUE!!!!
2016-03-27 03:10:33 · answer #2 · answered by ? 4 · 0⤊ 0⤋
They can legally replace her but have to give her a job in the company still for the same amount of money. The Maternity act says a job will be held for them and the employer can not terminate them but they can allow someone else to take over their position.
2006-09-08 09:13:55 · answer #3 · answered by gettingmadtoday 5 · 0⤊ 0⤋
How big is the company? I think FMLA only applies to companies that have over 50 employees.
If the company is larger than that, it is illegal. While FMLA doesn't protect an employee on leave from having their job eliminated or getting laid off, it does prevent them from being fired. I think it also says that the job she returns to has to be equivalent, but possibly not the exact same job.
2006-09-08 09:06:02 · answer #4 · answered by JerH1 7 · 1⤊ 0⤋
While it may not be a nice thing to do, it is not illegal for a company to replace a job. If you have a contract with the company, check its contents. Or, on State or Government jobs, this will and cannot happen legally.
2006-09-08 09:04:21 · answer #5 · answered by skyeblue 5 · 0⤊ 0⤋
If that is legal, I am infuriated! And if that is illegal, I am still angry that the company would do that to her after she's been working there for FIVE years! She has a child to take care of and they want to get rid of her and make her find a new job (which ain't easy!!!)!!!!!!!! That company is full of assholes, and the person trying to take her position is an asshole (unless she doesn't know about the situation) Bunch of back stabbing no good dirty rotten scoundrels
2006-09-08 09:11:58 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Depends on where this is. In the U.S. employers must keep the job open for 12 weeks, under the Family and Medical Leave Act.
2006-09-08 08:59:55 · answer #7 · answered by MOM KNOWS EVERYTHING 7 · 0⤊ 0⤋
Well if this situation is as you explain it, I am not certain about the legalities of it...but I am more interested in the ethical side of it. I find this actually extremely unprofessional. How rude, how unethical, and how inappropriate. This is not right. And she might just seek legal counsel if this is the case, and she might be able to sue if the legal system grants her such a case.
2006-09-08 09:08:03 · answer #8 · answered by Bible Trekker 3 · 1⤊ 0⤋
I believe she is guaranteed employment, not the specific job. Check with a knowledgable FMLA attorney. Good Luck!
2006-09-08 09:57:23 · answer #9 · answered by working mom of 3 4 · 0⤊ 0⤋
How many employees does the company have?
Generally, if she requested the leave and was granted it, she should be covered under FMLA.
2006-09-08 09:00:57 · answer #10 · answered by Zack 2 · 0⤊ 0⤋