My boss told me that if I plan on taking more than 2 weeks maternity leave, that I better plan on staying home forever! My docotor said he wont even realease me until a minumum of 6 weeks. Is that legal for him to do that? What do I do?
2007-01-02 07:05:28 · 13 answers · asked by Nikki 2 in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
Where are you from? Your doctor defintely won't release you for less than 6 weeks...and you are considered on disability for the 6 weeks. Your job cannot fire you if you take 6 weeks off MINIMUM. The reason I ask where you're from is b/c that's the way it works in the US at least.
It is NOT legal for him to even say that and I'd take it to HR as soon as possible and discuss it with them to see what they can do. They may be able to work with you. Since you've been there for less than 12 months, they can deny you anymore time off. Under the Family Medical Leave Act, if you are employed for more than 12 months, you are legally allowed to take up to 12 weeks off for maternity leave. However, anything under 12 months, you're on your own. But you are guaranteed your job as long as you come back when your doctor releases you.
You didn't sign any kind of contract stating you wouldn't have a baby within a certain period of time, did you? That'd be the only way you coudl get fired and that still PROBABLY wouldn't be legal. I'm interested in knowing where you work. For me, i started work in February and had a baby in October of the same year. I had less than 12 months in and I was to receive 6 weeks disability. I wanted more time and my HR contact said that I could take 4 weeks of leave without pay. Anytime over 4 weeks is considered leave of absense and there's a lot of paperwork involved...so I just requested 4 additional weeks and all I needed was a written request. I had that approved and I received 10 weeks off. I would definitely talk to your HR person or someone over your boss. If he gives you crap about it, I'd maybe even think about contacting a lawyer b/c that's illegal. He does not have to grant you "maternity leave" since you've been there less than a year...meaning he doesn't have to grant you extra time off...however, the first 6 weeks and up until the doctor releases you is considered disability and he has to grant you that.
Good luck!
2007-01-02 07:14:15 · answer #1 · answered by Hootie562 3 · 0⤊ 0⤋
Contact your local labor department, or job center to find out the laws for your area, and also check your employee handbook stating the maximum allowable time for maternity leave for that company. As far as I know, the company has to list those things. Also, keep this in mind. As long as you have a doctor's excuse for the time off, you cant be fired. If you are, that right there is grounds to win an unemployment suit without question. You can then use that time to look for a new job while still enjoying your new baby and still receive some kind of income in the process. I recommend posting a resume on Monster.com or on careerbuilder.com. Believe me, if your boss is that much of a jerk already when the baby isnt even here yet, imagine how much of one he'll be after the baby is born. You need to find a more family oriented place to work. Remember, babies and toddlers get sick alot, and if they have so much as a sniffle, you cant take them to daycare for the day. Best of luck to you, and remember this bit. The more miserable you are at work, the less you'll be able to enjoy your new addition.
2007-01-02 07:35:59 · answer #2 · answered by Mrs Z. 4 · 0⤊ 0⤋
The first thing you need to do is tell him that you would like it in writing that if you take more than 2 weeks of maternity leave that you will be fired. If he complies then I would contact EEOC and question them about his statements. Most employers will not put into writing that they will fire you if you do not return back to work within a certain time after child birth because this can very easily be construed as discrimination.
The next thing you want to do is to look around the business to see if he has FMLA information posted (it is Federal law that the info must be posted for employees). Technically under FMLA you are not entitled to the 12 weeks unpaid leave because you have not been employed there for at least 12 months.
2007-01-02 07:30:53 · answer #3 · answered by me:0) 2 · 0⤊ 0⤋
Talk to her. Find out why is this a cause for divorce. Most every married person will flirt in some form are fashion any anyone who says they don't are lying. Most people would not follow through with any flirt but flirting should have nothing to do with your relationship with your wife and she needs to understand that. Cheating and flirting are 2 totally different things. Maybe she has done something that now she has an excuse to ask for a divorce now that she caught you doing this. Maybe it would pay for her to come on here and look at some of the real problems and she would see that what you did is nothing compaired to what you did.
2016-05-23 07:00:14 · answer #4 · answered by Anonymous · 0⤊ 0⤋
That is total discremination. I would check with an attorney. But do you have a probationary period. Did he know you were pregnant before he hired you? If none if this pans out you were looking for a job when he hired you I would work and let him think I was only going to take 2 weeks and then after your six weeks find another job. Or get something lined up before you have the baby..
2007-01-02 07:11:29 · answer #5 · answered by popebabes10 1 · 0⤊ 0⤋
Check with the labour board, employment standards in your area. I found out I was pregnant 2 weeks after I started my job, I had twins and took the maximum time off.
Here in Ontario, you would contact your local EI office. Since I don't know where you live, I don't know what your rights are. I work for a law firm and I can tell you right now, there is no way you can be fired for having a baby.
Good luck!
2007-01-02 08:51:25 · answer #6 · answered by doodles 3 · 0⤊ 0⤋
unfortunately, it is legal for the employer to do that. of course, they could have been a bit nicer about it, but there isn't anyting protecting you.
FMLA can only help if you've been at the company for over 1 year and the company has at least 50 employees. right off the bat you don't qualify for FMLA.
so, unfortunately, you have to go by the employer's policies.
is it a large company??
if so, then you may be able to appeal to a higher power than your boss...they may be able to help you out.
talk to your boss. ask if you can at least re-apply to the same position after you take some time off.
i was lucky and my meternity leave fell during the business' slow period and my boss kept my job for me when i got back and i got to have about 2.5 months with my baby!! it was so nice.
i would suggest save as much as you can, now, and take as much time off as you can afford to. jobs will come and go, but you will only have this time with your baby once. cherish it. i was worried about my job until i held my little bean and then everything else kind of melted away.
so, if they won't help you out, then i'd take plenty of time with the baby and search for a new job after a few months off.
take care:)
2007-01-02 07:14:57 · answer #7 · answered by joey322 6 · 1⤊ 0⤋
Your work should have a list of policies and procedures. Check those, there should be some form of time off for maternity. If there is no such thing, perhaps you can hire a lawyer. I dont think it is required for all places of work to offer maternity leave.
Good luck!
2007-01-02 07:13:48 · answer #8 · answered by Ember B 3 · 0⤊ 1⤋
That's why I'm against working married women in the work force. You should stay at home and wash dishes like god intended you to do. Wash clothes and all that. And "YES" your boss can do that. He needs workers. What can you do? Stay at home and raise your sweet child. Good luck. ( Note:...Don't you wish you lived in Europe....They would help people like you but this is the USA )
2007-01-02 07:17:01 · answer #9 · answered by Anonymous · 0⤊ 1⤋
i would check w/ your employer bc when i took mine all my employer said was if you want to take more than 6 wks then the doc has to approve it. so they might give you the six wks anyway. but depending on what state you are in will determine if it is legal....if you really like your doc it might not be an option but if he is telling you that you cant have time to recoupe i might consider see another doc.
2007-01-02 07:32:20 · answer #10 · answered by hhudson 2 · 0⤊ 0⤋