Any lawyers or HR geniuses?

**drmwevr08** · 02-06-2009, 03:29 PM

My wife took 8wks of maternity leave in August. Since that time she has taken a grand total of 2 days off. He job, however, has informed her that if she takes any more time before the end of the year (June 30) she may get fired. Now, she has burned through all her 'leave' time and took some FMLA in order to cover the whole 8wk maternity leave. To my knowledge, they wouldn't let her save some of her leave and apply more FMLA to that maternity leave, and in addition she tried to carry more time over from June 30 08 because she knew about the impending leave but they wouldn't let her do that either. The way I look at it, aside from the 8wks that the Federal Govt says they HAVE to give her, she has taken 2 days off, yet her job is in jeopardy. Any thoughts on how we can put an end to this ridiculous situation?
Thanks for any advice!

**The_Architect** · 02-06-2009, 03:31 PM

Her employer is probably hurting and looking for ways to get rid of some people.

**cmoneyr** · 02-06-2009, 03:32 PM

When did the end of the year change to June 30th and why wasn't I notified?

Sounds like kind of a raw deal, but I think sick time and leave in general is usually completely up to the company unless I'm mistaken. Maybe someone will come set me straight as I don't have any real experience in that type of situation. Is she a teacher of some kind? Tell her to flex her union muscle if so.

**drmwevr08** · 02-06-2009, 03:33 PM

Originally Posted by The_Architect

Her employer is probably hurting and looking for ways to get rid of some people.

Shes a nurse in hospice - no chance of that. I should have mentioned that.

**cmoneyr** · 02-06-2009, 03:35 PM

If nobody on here can answer a forum I read, more for funny stories about how bad people are at their jobs than real info, is laborlawtalk.com Lots of HR professionals that post there and may be able to answer your question.

**shildreth** · 02-06-2009, 03:43 PM

Originally Posted by drmwevr08

My wife took 8wks of maternity leave in August. Since that time she has taken a grand total of 2 days off. He job, however, has informed her that if she takes any more time before the end of the year (June 30) she may get fired. Now, she has burned through all her 'leave' time and took some FMLA in order to cover the whole 8wk maternity leave. To my knowledge, they wouldn't let her save some of her leave and apply more FMLA to that maternity leave, and in addition she tried to carry more time over from June 30 08 because she knew about the impending leave but they wouldn't let her do that either. The way I look at it, aside from the 8wks that the Federal Govt says they HAVE to give her, she has taken 2 days off, yet her job is in jeopardy. Any thoughts on how we can put an end to this ridiculous situation?
Thanks for any advice!

FMLA is a protected unpaid leave for up to 12 weeks. From your post it sounds like she took a disability leave concurrently. Standard leave for disability due to giving birth is 6 weeks for normal birth and 8 weeks for caesarian (sp).

The first thing I would do in your case is too double check that your disability time was also covered under FMLA time. They are two seperate filings. Most companys enroll you in both but ultimately it is your responsibility as an employee to track and apply for FMLA. Especially in smaller companys (must have 50 employees to be eligible for FMLA).

If it is covered under FMLA than it should not count as an absence as it is protected leave. If she is fired for cause then after losing her job the recourse would be to show that her absences were covered and the ones that were not (the other 2 days you mentioned) falls within the normal company allotted guidelines all other employees receive.

This is all generic and without knowing her individual disability and time off policy its hard to say for sure. Sounds like she may be getting strong armed though.

Here is a fmla for dummies brief to help. good luck.
FmlaOnline.com - The Family and Medical Leave Act (FMLA)

**drmwevr08** · 02-06-2009, 03:46 PM

She definitely filed for FLMA for the maternity. She burned up her other leave time so she really had no choice there. She would have, however, used more unpaid FMLA then if they had let her.

**The_Architect** · 02-06-2009, 03:47 PM

Originally Posted by drmwevr08

Shes a nurse in hospice - no chance of that. I should have mentioned that.

Oh ok, that DOES make a difference

**4VR4CY** · 02-07-2009, 09:53 AM

That is horrible! Is she looking for another job?

**CarolinaCy** · 02-07-2009, 10:01 AM

Originally Posted by cmoneyr

When did the end of the year change to June 30th and why wasn't I notified?

Fiscal year dude. This is pretty common among employers. For instance, my employer counts vacation days by fiscal year (July 1 - June 30) and personal/sick days by calendar year. Not confusing at all.

**kgreeny** · 02-07-2009, 10:04 AM

Originally Posted by shildreth

FMLA is a protected unpaid leave for up to 12 weeks. From your post it sounds like she took a disability leave concurrently. Standard leave for disability due to giving birth is 6 weeks for normal birth and 8 weeks for caesarian (sp).

The first thing I would do in your case is too double check that your disability time was also covered under FMLA time. They are two seperate filings. Most companys enroll you in both but ultimately it is your responsibility as an employee to track and apply for FMLA. Especially in smaller companys (must have 50 employees to be eligible for FMLA).

If it is covered under FMLA than it should not count as an absence as it is protected leave. If she is fired for cause then after losing her job the recourse would be to show that her absences were covered and the ones that were not (the other 2 days you mentioned) falls within the normal company allotted guidelines all other employees receive.

This is all generic and without knowing her individual disability and time off policy its hard to say for sure. Sounds like she may be getting strong armed though.

Here is a fmla for dummies brief to help. good luck.
FmlaOnline.com - The Family and Medical Leave Act (FMLA)

Mrs. KGreeny (VP of HR)... Agrees with this. Also adds it's all dependent on what the employer has set up in the hand book.

**Wesley** · 02-07-2009, 10:11 AM

Might be new socialism. That is how they do annual leave in England. Everyone has same staring point with so many days off and that is it.

**CYdTracked** · 02-07-2009, 10:20 AM

Is there a paper trail of this "threat?" I'd hold onto any emails and such if there is just in case. If she has a balance of paid time off that she is entitled to use and they fired her because she used it I think somewhere there is a labor law being broke.