March 22, 2011,
A.B. asks from Anderson, CA on February 06, 2011
My Job Is Know Longer Available for Me After Maternity Leave What Do I Do????
Around 4 months pregnant my dr. orders me to take my leave early do to my horrible sciatica and another nerve over lapping it that the baby was laying on. I confirmed with my boss that i am diffidently coming back to work after my little girl is born. I had been at my job for 4 yrs and was confident they would hold it for me due to my dedication to the company. once my maternity leave was about to run out i tried to call and text my boss so i could get back to work, but he repeatedly ignored me. one night my dads bday i had a couple drinks with him while daddy was at home with shyann and my boss contacted me and asked me to work i told him i wasnt able to come in because i was uncomfortable working after a couple of drinks. he told me he still wanted me to work the following morning, i felt that this was the best time to ask for a raise since i had been there for 4 yrs and barley making over minimum wage. He said NO. So i asked him if he was offering my job back or did he want me to just work for one night??? and he would not talk to me after that. Now he has hired a new person in the position which i was suppose to get back. I have no idea of my leagle rights and i have no idea who to contact PLEASE HELP OR I WILL LOSE MY HOME thank you so much for taking your time read this. A. and 2 month old baby shyann. i am listed under my fiances name in here if anyones curious lol
So What Happened?™
i begged and pleaded for my job back... he finally called me back and gave me one day a week, after i learned that- that was all i was going to get i applied for another job. they called me back and i got a new job. I am SOOO thankful to find a new work place. i will now have benifits, health insurance, personal leave, vacation and i can start my 401k anything to better my future for my daughter, after a year of working at my new job i will start a college fund for her so she can have a great life. I appreciate everyone's inputs and opinions. For the people with sarcastic remarks please do not comment. People get on here for help not to be patronized. God bless you all and good luck.
K.P. answers from New York on February 07, 2011
Wow- it sounds like your job was available to you, but that you got yourself fired due to your behavior.
Technically, you are "legally" allowed to take medical leave for 6 or 8 weeks postpartum. Whether or not that is paid is entirely dependent on your contract. If you intend to take FMLA, your employer does not need to pay you for the additional time, but must hold your position open. You have to tell your employer ahead of time that you intend to take FMLA and there is paperwork involved. My guess is that you did not do this.
You have no legal rights b/c there's really strong chance that he will say that you were terminated due to your lack of responsibility and insubordinate behavior. Unfortunately, your decision to fall-back on sarcasm rather than waiting until an appropriate (non-alcohol induced) time to discuss your contract probably cost you your job.
You don't say what you do for a living, but I suggest you start working on your resume and start looking for a new job.
5 moms found this helpful
M.C. answers from Minneapolis on February 07, 2011
most if not all states are suppose to hold your job but...sounds like you over did your leave and didn't have short or long term dissability, then you asked for a raise and refused to start up work on a day needed because of drinking...they gave up on you...don't blame them by what I am reading. Short and long term disiability are out there for these exact reasons. If you used 12mo or more of leave then you basically fired yourself as that is more then allowed. You may or may not qualify for unemployement ( I am thinking not because of what happened) so job hunting is your option unless you want to be a continued stay at home mom.
4 moms found this helpful
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M.S. answers from San Francisco on February 07, 2011
Start looking for a new position. By asking for a raise before you even came back to work, you kind of terminated yourself. Next time, don't ask for a raise until you have been back at work for several months, have a plan of action--showing what you have contributed to company etc, and can show what you will do for company in the future. Your reasoning was incorrect and i am sure your boss felt like you were trying to take advantage, so they found someone else to fill your place. best wishes
4 moms found this helpful
L.M. answers from Dover on February 07, 2011
You were entitled to 12 weeks FMLA leave (which you exhalted prior to your child's birth). Asking for a raise before you even returned was probably the wrong move. Your next move should be unemployment and looking for a new job.
4 moms found this helpful
G.T. answers from Modesto on February 07, 2011
It kinda sounds like you self terminated on the night of the phone call. I dont think there is much you can do except look for another job or go talk to your ex boss face to face.
2 moms found this helpful
C.A. answers from Atlanta on February 07, 2011
The laws are different in each state. Here in Georgia by law they are required to give you your current job back or something comparable. I was a receptionist for a construction company when I became pregnant with my twins. I was put on bed rest at 28 weeks and delivered at 36 weeks. I took my 12 week maternity leave but the company was in bad condition and I knew that. However by law they had to offer me my job back and I was there for a month and then they let me go. They actually did me a favor....I didn't want to go back to work honestly but I didn't see any other way....but I knew the company was going under so I knew if I stuck it out then I would get unemployment. I have worked since I was 17 years old and I have put well into the system....so when they laid me off I took full advantage of unemplyment. I was able to stay at home with my twins for the first year of their life and that is "priceless" so to say. Contact your local unemployment office and get assigned to a case manager. They should know the local laws and if anything they have done to you was "legal". It doesn't sound like they were within the guidelines to me but I am not an expert by any means. Check into this -don't delay.
1 mom found this helpful
R.L. answers from Philadelphia on February 07, 2011
you need to contact (google them) the EEOC. It is completely illegal for your company to not hold a position for you. If you are out on leave, disability, etc, they do not have to hold your exact position for you, but they MUST hold A position at the company. good luck!
1 mom found this helpful
L.T. answers from Chicago on February 07, 2011
Ok - In the State of Illinois they have to have a job for you they just do not have to give you the same job that you have had before. You have rights here! Is there a coprporate human resource director you can talk to? You have to make sure you handle everything correctly on your end! Also STOP texting - never never put things in writing. You lost me a little with your story with your dads b-day etc.... Asking for a raise - not the best timing. Unless it is a privately owned company there has to be someone you can talk to other then your boss! Tread lightly and Good Luck!