you to go on FMLA for birth and to take care of new baby?
2006-09-14 13:40:20 · 9 answers · asked by LA LA 6 in Pregnancy & Parenting ➔ Pregnancy
I have work for the company for over 3 years full time.
and the company has more then 50 employers
2006-09-14 13:43:29 · update #1
No, they can't. You should double check your company's policy manual, but just to see what it says.
Once your doctor fills out the FMLA paperwork, the company cannot deny it, unless there is an issue with the paperwork itself (something not filled out correctly).
While it is true that the company cannot fire you for taking FMLA leave, and while it is also true that the company can find some other reason for getting rid of you if they really want to, the reality is that as long as you have a solid work record with the company, once you file the FMLA paperwork, you can claim that any untoward action against you is retaliation (especially if they didn't want you to file the paperwork in the first place).
Just make sure that you document all meetings and conversations about your potential leave. It's best if you can get it in writing from your boss that they won't approve your FMLA leave - that's illegal and grounds for a law suit.
Please note that I am not advocating filing a law suit. However, once you have it in writing that they're doing something illegal, they tend to back off pretty quickly (yes, I know this from personal experience).
Good luck!
2006-09-14 20:33:44 · answer #1 · answered by plaid_girl34 2 · 1⤊ 0⤋
The company has to allow you time off for maternity leave based on the Family Medical LEave Act (FMLA), they don't have to pay you though and I think there are a few loopholes as well. But I am 99% positive they have to allow you 6/8 weeks at least.
2006-09-14 21:14:17 · answer #2 · answered by priss879 2 · 1⤊ 0⤋
I dont think so. After your maternity leave the state will automatically send you FMLA papers. It's a state thing, it's not a company thing so I dont think they can deny it. Just be careful .. if they get upset that you take it they can fire you..and even though it's illegal they can come up with an excuse saying that the position you had with the company no longer exists. Companies can be evil.
2006-09-14 20:43:54 · answer #3 · answered by Maria 2 · 1⤊ 0⤋
It is Federal law that if a company has more that a certain # of employees, AND you have been working at least 12 months they HAVE to hold your job or equivilant (meaning they have to have some kind of job at the same pay), unless layoffs were already planned (This happened to my husband when he was on medical leave for surgery)
2006-09-14 20:44:55 · answer #4 · answered by Ryan's mom 7 · 1⤊ 0⤋
Depends on the company and how long you were working there. Some companies say you have to have been working with them for a year or more.
2006-09-14 20:41:31 · answer #5 · answered by Ashley P 6 · 0⤊ 1⤋
Is there more than 50 employees?
Have you been working there more than a year?
Here is the actual law.
http://www.dol.gov/esa/regs/statutes/whd/fmla.htm
2006-09-14 20:56:17 · answer #6 · answered by mapleguy 7 · 1⤊ 0⤋
Your company should offer maternity leave.
2006-09-14 21:49:50 · answer #7 · answered by pregnant & praying now has baby 3 · 0⤊ 1⤋
It all depends on what there policies are. It should be in there handbook whether they allow it or not.
2006-09-14 20:41:53 · answer #8 · answered by monroe1172002 3 · 0⤊ 2⤋
no they can't deny you that....its illegal.
2006-09-14 20:45:15 · answer #9 · answered by April B 3 · 1⤊ 0⤋