Eliminating a position while the worker is on maternity leave

spup1122 · Nov 4, 2007

leo1 said:

i'm a sports writer turned lawyer and although i have yet to do any employment law in my practice, it seems like spup1122 has something of the right idea (although she is dead wrong in stating that the FMLA requires payment...there had to have been other details in the story she covered...it's clearly stated in the FMLA web site linked to above): often all it takes in situations like this is to find a lawyer who will spend a couple of hours with the woman and write a letter threatening legal action. the employer will often back off. maybe it costs a few hundred bucks in legal fees, or maybe she can find a lawyer friend who will do this for free.
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Wow, thanks for the info. I was always told the woman's payment was protected under FMLA. That's some interesting info.

Starman · Nov 4, 2007

Remember, the FMLA is enforced by the Labor Department, which is run by the Bush Administration, which has less than no interest in enforcing the FMLA. Similar to their boys-will-be-boys attitude toward flagrant OT abuses.

"Don't like working 75 hours a week? Go get another job."

chazp · Nov 4, 2007

Lone_Star_Speed said:

I was a human resources manager about five years ago. Back then an employee taking FMLA was guaranteed employment. It did not have to be the same position though any change in position had to be in the same salary range. Unless the law has changed in the past few years the person in question will have a job when they return from maternity leave. Where things may get sticky is that you said they are paying her while she's on leave. Again, I'm basing this on how things were several years ago...but a company is not required to continue paying an employee a salary while they are on leave. They can certainly use any personal/sick/vacation time accorded them based on their company's policy.
As for whether or not to let the individual know about the position being eliminated: you might want to consider whether or not this could be a tramatic event that might cause complications with the individual's pregnancy. When my ex-girlfriend was pregnant with our son she was pretty much ordered to stay in bed the last couple of months of the pregnancy. Her doctor instructed us [us being myself and our families] to do everything possible to not expose her to anything that might cause her stress. That may not certainly be the case in your situation. But it's definitely something I think you should give some thought.
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I've contacted her and what she's getting paid right now is her saved up vacation, sick and personal days. She saved them on purpose when she found out she was going to have a child.

leo1 · Nov 4, 2007

chazp said:

Lone_Star_Speed said:

I was a human resources manager about five years ago. Back then an employee taking FMLA was guaranteed employment. It did not have to be the same position though any change in position had to be in the same salary range. Unless the law has changed in the past few years the person in question will have a job when they return from maternity leave. Where things may get sticky is that you said they are paying her while she's on leave. Again, I'm basing this on how things were several years ago...but a company is not required to continue paying an employee a salary while they are on leave. They can certainly use any personal/sick/vacation time accorded them based on their company's policy.
As for whether or not to let the individual know about the position being eliminated: you might want to consider whether or not this could be a tramatic event that might cause complications with the individual's pregnancy. When my ex-girlfriend was pregnant with our son she was pretty much ordered to stay in bed the last couple of months of the pregnancy. Her doctor instructed us [us being myself and our families] to do everything possible to not expose her to anything that might cause her stress. That may not certainly be the case in your situation. But it's definitely something I think you should give some thought.
Click to expand...

I've contacted her and what she's getting paid right now is her saved up vacation, sick and personal days. She saved them on purpose when she found out she was going to have a child.
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so if she's on vacation or sick leave and not on a leave governed by the FMLA, she may be screwed. nothing prevents an employer from eliminating your job while you're on vacation except common decency and we all know that that's lacking in many industries.

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Eliminating a position while the worker is on maternity leave

spup1122 Guest

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Eliminating a position while the worker is on maternity leave

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chazp Active Member

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