I used to work full time before taking my ,aternity leave. I have taken 6 months off and would like to return back to work part time but they can't offer me this. I was previously informed if I didn't return back to work I would have to pay my materity money back. Will I still have to do this if they can't accomadate me? and are they making me redundant?
2006-12-02 08:44:33 · 13 answers · asked by Anonymous in Pregnancy & Parenting ➔ Pregnancy
If you are in the US they only have to hold your job for 12 weeks...that's 3 months. FMLA also states that the company has to have I think 50 employees, it might be a little lower than that. After the 12 weeks is up they don't have to hold your job for you, or if they decide to hire you back they don't have to give you the same level of job/pay.
2006-12-02 08:49:27 · answer #1 · answered by Ryan's mom 7 · 1⤊ 1⤋
It depends on the labor laws where you live. If you are in an 'at will' state, they don't have to do anything except expect you to fulfill the demands of the job. Could you work full time so as not to have to pay back the maternity benefits and then drop down to part time, or find another job? Look into the labor laws where you live. Also, if you signed any type of agreement or contract before you accepted the job, read the fine print. Best to you and your new little one!
2006-12-02 16:52:52 · answer #2 · answered by curiositycat 6 · 0⤊ 1⤋
They DID accomodate you. They held your full-time position for your return. They evidently paid you some amount with the understanding (I will presume this was a written agreement) that you would return to your full-time position.
Now that you've availed yourself of these benefits, you want to apply for a part-time job with your employer. That's changing the deal. Your employer did their bit by giving you dibs on your former job and paying you with the understanding that you would return to that position.
Are they making you redundant? No, you're trying to put your wishes ahead of your employer's. That's fine, but you're on the hook for the money.
2006-12-02 16:56:58 · answer #3 · answered by Anonymous · 1⤊ 1⤋
Every state is different so I can't say for sure but I know that you should be able to get your job back and if they can't accommodate you then I see no reason why you should have to pay the money back. You should talk to a lawyer, most of them will give you a free consultation. Good luck and congratulations on your new baby.
2006-12-02 16:55:49 · answer #4 · answered by Anna A 2 · 0⤊ 1⤋
It is illegal for an employer to sack someone or make them redundant for being pregnant. I have just started my maternity leave and plan like you to go back after 6 months. The employer HAS to find you suitable hours & accomodate you or you can take legal action. If they cannot offer you hours they cannot ask for maternity pay back as you ARE willing to go back to work. think you have to take things higher at work, speak to the big boss!
also... i spoke to my boss before i left & told her i was planning to go back part time & she said that was fine, if i was to go back full time i would not see my new baby grow n spend half ma wages on babysitting. what is the point of that eh??
wish you all the best of luck!!!
2006-12-02 16:57:33 · answer #5 · answered by BLONDESHELL 3 · 0⤊ 3⤋
Not sure about the money thing, but an employer does not have to accomodate your part times hours if the original job was full time. They do have to be able to justify why they can't offer it to you though. Sorry!
2006-12-02 16:56:26 · answer #6 · answered by buttercup 3 · 1⤊ 1⤋
I don't think they can make you pay the money back if you don't go back to work for them. That should be a benefit. I would talk to a lawyer about that if necessary.
If your company qualifies under the FMLA, they must provide you with a job when you return, but I don't think it has to be the same one you were in. If they have provided an option, but it doesn't fit your needs, it seems that they have fulfilled their obligation. Again, if necessary, I would consult with an attorney.
2006-12-02 16:49:02 · answer #7 · answered by blessedtexasmom 3 · 0⤊ 2⤋
You where employed to do a full time job, if you can`t return to work you are breaking you employment contract.
Put your self in your employers position you take 6 MONTHS of work then tell him you can`t do the job you were employed to do.
2006-12-02 16:54:34 · answer #8 · answered by Anonymous · 0⤊ 1⤋
No they can't tell you to pay anything back. I f they can't offer you part time and therefore sack you, you would be entitled to appeal against their decision ad go to a tribunal-you may or may not win. But they aren't making you redundant they are sacking you. You still don't have to pay any maternity money back as you received that whilst on MATERNITY LEAVE
2006-12-02 16:58:08 · answer #9 · answered by plop 3 · 0⤊ 3⤋
That doesnt sound right to me. You should go down to your local Employment office and ask them about it. They can tell you what your job can and cant do and if they can make you pay back that money
2006-12-02 16:50:52 · answer #10 · answered by Blondi 6 · 0⤊ 1⤋