yesterday i had my 1 year review & apparently im not elegiable for a raise (i make $12.00 an hour, and i am a receptionist/ everything else that needs to get done i do) i told them at the VERY end of my review & when i told them , they told me the typical congrats, then went into the leave topic, boss says to me well you can use your vacation time & sick time as a leave, then i told them that in the handbook (& im sure state law, i live in CA) it says that if i have been with the co for over 12 months & if i come back to the co within 12 months of my leave that my position & benefits would not be jepordized. then then tell me that they will oviously need to find someone else while i am gone & that if there is still a position left in the co when i plan on returning then im more then welcome back. is it not required by law that i am allowed maternity leave??? is it just me or is their attitude really ****** up? any advise on what i should do?? should i look for a new job after baby?
2006-09-15 10:36:44 · 10 answers · asked by miss me! 4 in Pregnancy & Parenting ➔ Pregnancy
i plan on taking 3/12 months to 4 months off
2006-09-15 10:37:15 · update #1
There are laws for maternity leave. varies by state, usually they have to hold your job for 6 weeks. Also, look into FMLA. Family Medical Leave of Absence. Companies may have their own policies but must adhere to state laws.
2006-09-15 10:42:18 · answer #1 · answered by melashell 3 · 3⤊ 0⤋
Congrats to you.
Now, you need to do research on FMLA, or Family Medical Leave Act. You need to read the whole thing to find out if it pertains to you and your employer. The employer only has to do this for you if they are of a certain size (the whole organization, not just your little office if it is part of a bigger group). But, they also only have to give you 12 weeks of unpaid leave in the first 12 months from the time you start the leave (and I have heard that they can apply any time you take off for prenatal visits to that 12 weeks). They do NOT have to allow you to take your vacation and sick leave before or after FMLA starts -- it would run together -- so you would only get 12 weeks. If everything applies, they MUST honor this. Otherwise, you are screwed if they want to be jerks about it. This is a federal law -- I do not know if California has any extended information on maternity leave. You should call the state wage and hour board about that.
Yes, you will be leaving them in need of filling the position, but they can hire a temp. Perhaps these are not the people you want to be working for in the long-run.
Good luck.
2006-09-15 10:51:21 · answer #2 · answered by jboatright57 5 · 1⤊ 0⤋
On September 23, 2002, the governor of California signed legislation that will allow employees to take partially paid family leave beginning after July 1, 2004. This paid family leave program will allow workers to take up to six weeks off to care for a newborn, a newly adopted child, or ill family member. Under this new law, employees will be eligible to receive 55 percent of their wages during their absence, up to a maximum of $728.00 per week. These contributions will begin in January 2004. Unlike the unpaid family leave program that exists under the California Family Rights Act, all employers are covered by this legislation, not just those with 50 or more employees. However, also unlike the unpaid family leave program, businesses with under 50 employees are not required to hold a job for a worker who goes on paid family leave. If the buisness has 50 or over employers they are required to hold a job for the worker.
What that means: If you take unpaid leave and you return within 6 weeks the company is required to have a position for you. Any longer than 6 weeks than they do not have to have to.
2006-09-15 10:51:14 · answer #3 · answered by Kristin Pregnant with #4 6 · 4⤊ 0⤋
The Family Leave Act states if you have been with a company for 12 months and in that 12 months have worked 1250 hours and the company has 50 employees with in 75 miles, you are guaranteed 12 weeks of unpaid leave to care for a new born family member. All benefits remain in effect during your absence. upon your return you are to reinstated to your original or equivalent position with equivalent pay and benefits.
They are right in saying you can use your vacation and sick leave if you want paid leave. They are wrong in saying they might not have a position for you. If they meet the above qualifiers, they are required to keep your job.
I happen to work for a company with only 4 employees. I have will have enough time accrued by my due date to be paid for my leave. Technically they don't have to keep my job open according to the Family Leave Act. But according to my employee hand book, if I have a doctors note, they cannot let me go.
It sounds like they are being jerks but if they are small, they may not be able to afford to keep your position open and gederal law says they don't have to. That sincerely bites. If you are not needing the insurance, I would look for a job now. If you do then I would look for another one after the baby is born. It sucks to work for people like that.
2006-09-15 10:54:10 · answer #4 · answered by Anonymous · 1⤊ 0⤋
California Leave Act States the following:
Following the lead of California and a few other states, the United States Congress passed sweeping legislation affecting the relationship of employers and employees for extended time off the job due to a family emergency. The basic premise of both the federal Family Leave Act and the California Family Rights Act is that an employee should have the right to take time off from work to handle health related issues without fear of the permanent loss of his/her job.
Under the California law, the employee is entitled to take a leave of absence from work for up to sixteen weeks every two years to care for a newborn or adopted child or for the purpose of caring for a sick child, parent or spouse. The federal legislation provides twelve weeks leave and also extends the provision to cover leave for reasons related directly to the health of the employee. Under both laws, the employer must either give the employee back the same job or place the employee in a job substantially similar to the original position when the employee returns from leave. Other benefits available to the employee include the right to continue receiving coverage under company medical insurance and the right to continue with contributions to employer sponsored retirement or pension plans and unemployment benefit plans.
Although the employee benefits from these family leave laws are substantial, they are balanced by other provisions to reduce the hardship on the employer company. First of all, these laws apply only to businesses that employ 50 or more workers. Additionally, employers do not have to grant leave if any of the following apply: 1) The other parent of the child has already taken family leave or is unemployed. 2) The employee is one of the top 5 most highly compensated employees in the company or is in the top 10% measured by gross wages. 3) Granting this employee leave would result in undue hardship to the operations of the business. Also, under federal law, employees are not entitled to leave unless they have worked at least 1 year, or 1250 hours, or 25 hours/wk. in the preceding 12 months for the employer. Furthermore, if foreseeable, the employee must give reasonable notice (30 days under federal law) and schedule the leave to minimize the impact on company operations. Interestingly, under federal law, the serious illness must be verified by a physician and the employer can demand a second medical opinion of the employee’s claimed illness. The employer is permitted to apply all accrued paid or unpaid vacation time to the period of the family leave, although sick leave may not be applied unless both employer and employee agree to do so. With respect to continued employee benefits, employees can be required to pay for the cost of the health care plan while on leave and the employer does not have to contribute to the retirement plan during the period the employee.
You made the choice to tell them to early in your pregnancy of your situation. Personal things like that should be just kept private until you're showing.
circumstances could happen to the pregnancy and you don't want to jeopardize you steady income now do you.
Companies don't have to do anything...except abide by the Family Leave Act. Do your research!
2006-09-15 10:52:28 · answer #5 · answered by aunt_beeaa 5 · 2⤊ 0⤋
Yeah, it is really messed up that they are trying to force you out. I believe that you do have rights to maternity leave and your job when you come back. If you want to fight this or find out what your options are then you should talk to a lawyer and see what can be done. But, if I was you, I would look for another job after you have the baby because I wouldn't want to work for a company like that.
2006-09-15 10:45:48 · answer #6 · answered by Rawrrrr 6 · 1⤊ 0⤋
I would check with the local Labor Commissioner office as well as the Department Of Fair Employment And Housing. They will help you for free and if it comes down to filing a complaint with the company, these two government offices will help with that as well for no charges. You may want to look up the information as well in a public library for Pregnancy Laws.
2006-09-15 10:46:19 · answer #7 · answered by Katie S 2 · 1⤊ 0⤋
Most companies allow 6 weeks for normal delivery and 8 for c-section. After that you'd be using the Family Leave Act (unpaid) and I don't think they have to give you your job back, just one at the same pay. Contact your labor board to make sure.
2006-09-15 10:41:27 · answer #8 · answered by icddppl 5 · 3⤊ 0⤋
Look up details on the family and medical leave act. I think it depends on how long you have worked at the company and how many employees the company has. With the act, you are allowed unpaid leave for medical reasons (incl. pregnancy) for you and family members.
2006-09-15 10:46:44 · answer #9 · answered by picopico 5 · 1⤊ 0⤋
that sucks! that just mean that thy arent happy that you are having a child. you can always file for a company leave for a month, but if they insist that you will be replaced after the leave, then, look for alternative jobs.. i hope you can find one asap to support your growing family
2006-09-15 10:43:57 · answer #10 · answered by ahhhlain 3 · 1⤊ 0⤋