Have 4 months old and my employer is not being nice. What should I do?

Question

I have been working for a fairly large corportation for 15 years, and last 7 years I have been working 3 days (part time). I have a 4 months old baby and I am scheduled to go back last week of this month. I assumed that I am going back part time but my manager just called me home and said they have been extremely busy and my only option is to return back to work full time. My DS has severe acid reflux and it will be impossible for me to find someone to take care of him for extra 2 days and also I myself am not ready to go work full time having 2 kids (7 yr old and 4 mnth old). I asked my manager whey she didn't tell me sooner and she said she was too busy. She also said the decision has been made and I don't have any other option (which possibley can mean if I can't come back full time then quit). Can this company (very anti family) do this to me legally? Any advice will be greatly appreicated.

Answer 1

They are following the letter of the law which states that they have to return your position to you. If the time and hours or shift of that position has changed that has no bearing. The offer was made, the job is available now the decision is yours, accept or not.

Answer 2

Yes, they can legally do this (after 4 months off following a new birth). Its a bit mean of them considering your situation but they can say to any employees we need you full time or not at all. You could go back full time and then quit, nothing they can really do about that, but if you go that route who will take care of your child.

So, you have a tough decision. Go back full time and somehow get your children watched, or just quit. They have made it clear they won't accept anything in between. You could agree to go back full time while searching for some other job that was a bit more accomodating - your call.

Anyhow, sorry about your situation, but they are not doing anything illegal.

Best luck.

Answer 3

First Question: Was your leave covered by The Family Medical Leave Act? It's a federal law that protects your job and health benefits for up to 12 weeks while you are out because of 1. To have a baby 2. If you yourself is sick 3. Your spouse or partner is sick 4. To adopt a child. And then we can go from there.

Answer 4

That is a predicament. Without a writing contract, agreement though, it would be hard for you to argue it. Given that you had been working part time was it ever conveyed between you and your employer that when you returned to the company it would be for continued part time work?

It is unfortunate, but not all companies treat work-life balance the same. Also keep in mind that, it was your decision to have a child, not your employers. While they typically respect employees decisions, at some point, they either need you to move with them or they need to move on.

I would suggest contacting a legal professional who specializes in labor disputes.

Answer 5

Had that happen to a friend of mine. She sued and the court ruled that they had three choices, 1. Buy the car from her for what was still owed, 2. Make the payments, 3. Give her back her job. All three options also included paying her lawyer fees as well. The company chose option #1. But your state may be different, so talk to the lawyer.

Answer 6

The Familyl Medical Leave Act states that the job you have left (when you go on leave) or the equivalent will be held for you provided you complied with the Act (giving proper notice, etc.). It sounds to me that what your manager is doing is not legal. However, check with the HR department or even a lawyer.

Answer 7

if you live in US. there is a family medical leave act, its a law. get a lawyer if you feel any rights have bee violated after researching this.