UnderGround Forums
 

LegalGround >> Employment Law Question HELP


6/2/10 11:19 AM
Ignore | Quote | Vote Down | Vote Up
NJstileNJ
3 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

Member Since: 11/3/07
Posts: 4490
 
This is the story my wife took her maternity leave from for 6 weeks after my son was born. Then another 12 under the FMLA 6 of which were paid, the last 6 arent paid. She told her job she would be back 6/21 they said we will check if that's ok. Then about a week later she got a letter saying they can't wait until then her job will be filled with another. Basically laid off/fired. Is this legal and when can she start collecting unemployment?
6/2/10 1:43 PM
Ignore | Quote | Vote Down | Vote Up
sux@bjj
38 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

Member Since: 1/1/01
Posts: 9725
^ i am not a lawer however i manage hr for a business.

this is the type of issue that we addressed in an "employee handbook". does she have one?

if not, you'd need to check into what local laws govern a company the size of hers specifically regarding maternity leave.

finally, if she decides not to fight it and wants to take the unemployment...she can file unemployment the minute she is laid off. she'll need to provide information such as: date last paid, amount of severance recvd (if any), etc.
6/2/10 2:05 PM
Ignore | Quote | Vote Down | Vote Up
NJstileNJ
3 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

Member Since: 11/3/07
Posts: 4495
there is no handbook...the law is difficult to read because there is the FLA and FMLA. So she wouldn't have to wait until the 21st of june to file for unemployment. WOuld they be able to fight it saying if she came back now she would have a job but if she wants to wait until 6/21 she cant. Also they never provided her with a return date...Thanks
6/16/10 8:04 AM
Ignore | Quote | Vote Down | Vote Up
KenTheWalrus
7 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

Member Since: 3/12/07
Posts: 567
The only problem I see is that they may be counting the first 6 weeks with the second six weeks, meaning the FMLA 12 weeks would already have been used by the beginning of the last 6 weeks. Some states allow this "double counting" of the time off.

If your wife qualifies for FMLA and you have documentation stating when the FMLA leave begins (which the employer is obligated to give her), she will be okay legally. They could still deny her job and force you into a legal remedy though. (In which case either you or the DoL will bring a lawsuit)

Btw, FMLA does not guarantee the same job, just a comparable one and there is an exception that they may try to use. For the best result contact an employment attorney in your state.

Reply Post

You must log in to post a reply. Click here to login.