Forced to Quit?

Question

I am 36 weeks pregnant and have been with my current empolyer for over 6 months. When I asked about what to do about my maternity leave - when did they want me to let them know when i needed off? Who do I need to speak with about it? etc.. my boss informed me that they don't offer maternity leave and that we have to just put in our 2 weeks notice and then as long as our job performance has been well- we can just re-apply and get hired back after our "maternity leave" is up. They say they can do this because we are "temporary employees"... however you can 'apply' to become a 'regular' employee after working 90 days- but I didn't because I knew I would be taking off for maternity leave soon and figured they wouldn't give it to me. The only difference between the temporary employees and reg employees is that if you are a temporary employee and you miss a day of work or come in sick- they dock your entire week's paycheck down to minimum wage. ?????

I am worried that when my maternity leave is up and i decide to go back that they will have some poor excuse and not hire me back! Also what do I write in my letter of resignation? "because you're making me quit because i'm pregnant....." hehe. thanks.

I believe the FMLA applies to companies over 25 employees- which we have- however I believe you have to have worked there for at least a year to qualify. I have not worked with this company for a year.

Answer 1

i also am a "seasonal employee" and my boss said the same thing, i told her i wanted to work up until 2 weeks before i am due, and she allowed it, and said after i am ready to come back just reaply, i guess it comes with being a temp?

Answer 2

You can report them to the better buisness buroue, it's quite illegal to not give maternity leave. Doctors fought a long battle to get employers to comply.
The baby needs at LEAST two weeks witht he mother, otherwise the newborn will not take. can you imagine what it would feel like for your baby NOT to take to you. It happened to my friend two years ago.


Addition,
For regular leave, and vacation time you have to work there a year top qualify.
Companies cannot get around the maternity leave. No matter if you've been working for a year, or a week. Bring the lawyer part up to your boss and I'm surer he'll complie.
If you are really unsure, check with a bussiness lawyer. They will be able to help you. Or give you legal advice in the least.

Answer 3

Unfortunitly, stuff like this happens all the time. I was employeed with a cabinet factory for well over a year. Was on of the bosses favorites to.They day i found out i was pregnant, i was put in the hospital, also i was told that i could not return to my job becuase it was such intense phyicall labor. I went to take fmla, and they told me i was not alowd they would not hold my job. But let me tell you they paid me untill my son was 3 months old. I fought it. Didnt get a laywer just threatend to. I also found 3 other female employees that they did the same thing to. I think when we came to them in a group they kinda got scared. But i am actually happy they did becuase i have not worked since. I decided to be a stay at home mom.

Answer 4

That just doesn't seem right at all. I'm sorry, i don't know what else to tell you you can do legally... but there should be something... because this is not right! I was a server, and didn't get a paid maternity leave, but they did let me take the 2 months off and tell them when I was ready to come back (it was a good two months for me because of my c-section). Anyways, I didn't have to reapply or anything. Do you know any lawyers? I'd try to talk to one if you can. Goodluck hun, this is not fair to you at all.

Answer 5

I can tell you In California.,..

What if my employer denies my request for unpaid leave?

If you're sure you qualify under the FMLA or your state's provisions, make sure you've given the required notice and you have a plan to get your responsibilities covered while you're gone. Then, gently let your employer know more about these laws. Contact the U.S. Department of Labor for an FMLA fact sheet and advice on how to get your employer to comply. But start by being reasonable. You don't want to alienate your boss by making demands unless you have to.

Answer 6

wow. you can always contact your local office of labor. they can tell you what to do in this situation. you can also do some research online because if they're a big company with over 25 employees then they're supposed to have offered you a maternity leave. check out the fmla (family medical leave act) website.

Answer 7

does not sound right at all I am Staff Speaclist for a staffing company we have had plenty of pregnant temps working for us and take there materinty leave (unpaid) and return back to there reg schudule afterwards.No reapllying. its required to hold a postion for 10 weeks for materinty leave.

Answer 8

That doesn't sound right. Do you have family medical leave act in your state? Contact a lawyer and explain everything because that sounds illegal.

Answer 9

you are not elegible mainly becuz its not been a year. unless they have made exceptions to other people before you who were in the same situation, or people who were temp and disabled and givin time off to recoup then they cannot deny you the same amount of time they gave those people.

Answer 10

Sounds like a really cr*ppy place to work. They aren't fair.