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Schnook
08-01-2006, 05:44 PM
A coworker of my wife got pregnant and ended up taking FMLA. Upon her return she was offered a choice of another position at an $8000 cut in pay or a 30 day severance package. Anyone know about this law? I thought they had to save her position?

gcarter
08-01-2006, 08:14 PM
Depends on the size of the company.
I'm exempt.

RedDog
08-01-2006, 08:47 PM
I don't know he answer to your question

This is a side track and pre-dates FMLA. But...

When I graduated college I went with a company that had a generous vacation package for new hires (2 or 3 weeks per year???? that you could save up and bank to future years). My boss made it clear that if I ever wanted to take 2 weeks at once then it was obvious that my job wasn't important enough for him to keep me on. In retrospect, he could have been right. Now I am self employed and earn my pay by the hour and I really understand. I find it hard to justify letting myself off for only a day.

Are we crossing the political boundary with this question? Is the FMLA a socialistic policy that should have never been implemented in the first place?

CHACHI
08-02-2006, 06:03 AM
Depends on the size of the company.
I'm exempt.Thats because you can't get pregnant. Ken

gcarter
08-02-2006, 06:09 AM
Thats because you can't get pregnant. Ken
You're funny Ken!:) :bonk:

Ranman
08-02-2006, 08:27 AM
I recently had an employee that took the FMLA leave. I don't know the laws specifically, however, I am posting below an excerpt directly from my HR department. We are a small, privately owned company with roughly 60 employees.


FMLA is available to employees for up to 12 weeks. I am following the requirements of the FMLA law and we expect an update from her doctor in two to four weeks, which he really isn't required to give us. (The employee) requested FMLA leave which provides for up to a total of 12 workweeks of job protected leave while under a doctor's care. Her doctor returned the Certification of Health Care Provider form in which he was unable to give her a definite return to work date and listed "indefinitely" as of now. I know this is frustrating but HIPAA privacy laws do not permit discussion of her health condition, nor do they require a full disclosure to the employer - the doctor is in control. (The employee) is also concerned about medical confidentiality. (The employee's)FMLA leave was approved.

(The employee) has been off from work since YYYY/MM/DD (two weeks). Since the doctor cannot give a definite return date at this time, you should plan for her being off the full 12 weeks (the maximum available and approved under FMLA). While under FMLA and once released to return to work, (The employee) must be restored to her original or equal job.

The 12 weeks passed and the employee has not chosen to return to work. I am now clear to begin the recruiting process. Hope this helps.

Johntrip
08-02-2006, 08:52 AM
Another key point is that the person has to have been employed by the employer for 6 months prior to leaving for the 12 weeks.... Tech., after the 12 weeks if the employee does'nt come back to work they can get the ax. However, they can collect unemployment comp. either way......

gcarter
08-02-2006, 09:27 AM
There is a minimum # of employees...I don't remember if it's 50 or 200.
Not many small companies can afford to be short handed for that long.
I'm w/RD...if someone took two weeks off it would hurt.

Johntrip
08-02-2006, 10:19 AM
Well...... their are two sides to the coin...... Being considerate and making good moral decisions is what I aim to do.... I employ 52 and need respect from everyone. However, it takes everyone to make the company run efficiently and if someone is out for 12 weeks it puts more work load on everyone else more stress etc. etc. So, you have to make a decision based on whats best for your business and the other employees not just the pregnant woman.........

Schnook
08-02-2006, 12:24 PM
Thanks for all the replies. As for requirements, it's a pretty large organization, and I believe she's been with them a couple of years at least. There's a lot of background story to this, and from hearing some of it, it seems that the supervisor is using this episode to remove an employee who has fallen out of favor. Morally, I think it's despicable, I'm just curious as to what the law says. Good points on both sides, I'v never owned my own business, but in the instances where I was El Jefe, (not to be confused with Team Jefe), I found for the most part if you do right by your people, they'll do right by you. Unfortunately there's always the odd bad apple...

Ranman
08-02-2006, 12:50 PM
[QUOTE=Schnook]There's a lot of background story to this, and from hearing some of it, it seems that the supervisor is using this episode to remove an employee who has fallen out of favor. QUOTE]

This supervisor could be putting the company at a HUGE liability. If the FMLA was approved, the employee has a right to her old job or an equivalent. IMO, if she were smart, she would document the facts of the situation, as it all sounds very shady. Like it or not, the FMLA is designed to protect employees and it is currently in effect and available. If her side is on the up-and-up, she will have the last laugh and her supervisor will be looking for a new job.

BUIZILLA
08-02-2006, 01:24 PM
A coworker of my wife got pregnant and ended up taking FMLA. Upon her return she was offered a choice of another position at an $8000 cut in pay or a 30 day severance package. Anyone know about this law? I thought they had to save her position?How long was she out on leave?

gcarter
08-02-2006, 02:39 PM
not to say some people might not "abuse" the system... but... to come across as totally against it... that's not someone i'd want to do business with... i guess a woman should just slip into the work restroom.. pop the kid out stick em in a desk drawer and get back to work? come on... get a conscience...
The law says;
Note: Employers who employ 50 or more employees for each working day in 20 or more calendar weeks of the current or preceding calendar year are deemed to be engaged in commerce or in an industry or activity affecting commerce. In counting the 20 or more calendar weeks, you cannot count weeks that crossover from one calendar year to the next. See Regulations 29 CFR Part 825.104(b).
The law goes on to state that you must maintain their medical insurance...

Jamie, I've never abused anyone. Elaine and I run a very lean operation with about 10 employees including office staff, sales people, and a service department. We have had employees that have been with us as long as 15 years. There is a minimum mass that you can work with. Anything less and things go undone and others are overworked.
Our problem here in Florida is the unimployment rate is about 2%. We have had at least six people through the front office secretarial spot. Either the folks that apply are retirees that will only work when they want to or younger people that have so many personal problems that they are practically unemployable. I would do almost anything to find a good steady secretary that would work at least 20 days a month!!!!!!
But to have someone tell me they were going on leave for three months and that I was going to maintain their insurance for that period WOULD be looking for another place to work.

Schnook
08-02-2006, 03:28 PM
She was out for 7 weeks. Like Johntrip said, there are two sides to every story, but this side really smells like :toiletpap
Hopefully she documented everything.

mrfixxall
08-02-2006, 04:48 PM
that depends,,heres the law..

http://www.dol.gov/esa/whd/fmla/