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My 6 wks of maternity leave are nearly over, but I need more time before I go back. My union steward told me I don't have the 1250 hours worked that's required to take the leave. I can't go back, I work the night shift and still haven't been able to find childcare in my area that stays open late. Also, I want my new daughter to be older than just 6 weeks before I leave her in childcare. I don't have the seniority to go to the day shift. Are there any other options? Do I have rights to reapply for hire if I'm fired?

2006-09-13 16:54:33 · 2 answers · asked by Getsbetterwithtime 3 in Politics & Government Law & Ethics

2 answers

All you need to do is go to human resource and ask them to take a leave of absence, Or go to the doctors office and get him/her to fill out a short term disabilty paper for you stating that you can not go back to work at the present time.

2006-09-13 16:58:59 · answer #1 · answered by WENDY D 2 · 0 0

You can apply for any job you wish. But an employer also has the right to refuse to hire you, and if they fired you for not showing up for work, then I don't think there is a chance they will hire you back.

FMLA basically states that your job has to be held for you for a total of 6 weeks, after that, they must hold a comparible position with comparible pay for you, and after that, your job is up for grabs. I don't know the union restrictions on FMLA, but that is in most cases.

You are not guaranteed pay during FMLA, and if you are able to financially, what I would do is resign my job until I was ready to go to work. Yes - you are risking your senority and position, but that is the only thing I can see being your option.

2006-09-14 00:03:31 · answer #2 · answered by volleyballchick (cowards block) 7 · 1 1

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