Maternity Leave......Getting fired?
If you do get fired, you have a great lawsuit.... Talk to your boss. He/she shouldn't be telling your co-workers ANYTHING about your job, your performance, your salary, or his personal feelings about you. That is extremely unprofessional behavior. Yes, you are protected. If you are fired, call an attorney that specializes in employment issues. Enjoy being a new mom, and don't worry about your job.
Maternity Leave- Who gets it?
I am a former HR assistant, and I know a little bit about this stuff. FMLA is granted at the employers discretion. Most employers will say an employee qualifies for it after a full 12 months straight employment period. However, some will also allow maternity leave early. Your employer can terminate you for excessive absence if they choose to not grant you the leave, however most will grant the leave and simply hire a temp to replace them. The only bad thing that you need to think about is that even though they may grant you leave, that may do so informally meaning no FMLA papers, just a verbal agreement. All employers are required to fill out paperwork and have the employee sign them stating that they acknowledge why they are being placed on leave and when the return to work date is (the length of time your position will still be yours). If your employer decides not to grant you FMLA, but decides to let you take personal time, make sure you get in writing all the stipulations of the leave. This way you have it documented! You also need to find out if you are going to get a paid leave. Sometimes an employer will simply allow the leave by saving the position, but will not pay the employee while on leave. Pay is also up to the employers, and is usually very little. This is really something you need to speak with your HR department about. I do not believe that they can legally fire you while you are pregnant, so just don't give them any reasons! Don't be nervous to talk with your HR coordinator about. It's better to ask now, then find out later! Good luck!
Can a female employee be fired just after maternity leave?
Short answer- yes.As long as the termination was due to a factor such as layoffs, violation of company policy, poor performance or any other documented issue, just as they would consider a termination for any other employee, then they are able to terminate an employee who has recently returned from leave just like any other employee.However, if you returned to work with restrictions from your medical provider which are covered under FMLA or ADA, and feel you were terminated as a result of those restrictions, you may want to seek counsel to determine if your employer violated any of your rights.
Have you ever saved someone from getting fired?
Yes. I was a manager at the time and we’d had several upper level meetings about one employee. She had been with the company for over 20 years and was honestly just trying to make it to retirement.As the end of the year approaches, we had to rate each person on our team and somebody has to be on top, which also means someone has to be at the bottom (of the ratings).The conversation in my meeting with my manager was directed toward this one employee and they told me that if her performance didn’t improve in 30 days, she had to rated as the lowest performer and that would lead to termination.I left that meeting and was determined that she would NOT lose her job. So I encouraged, motivated, pushed and worked with her for that 30 days. I never told her anything about the meeting, but I felt I owed it to her to help as much as I can.After the 30 days my manager was so surprised at how much her performance had improved. It continued to improve and she even won a performance award later down the line.Yes, someone else ended up being ranked at the bottom, but they were not fired because they weren’t a repeat offender :)That’s been years and years ago. I never mentioned what was going on to the employee. I just hoped and prayed she would keep going the right direction.I’m no longer at that company, but last I heard, she was still there. :)
Can you get unemployment while on maternity leave IF you dont get paid Maternity leave from your job?
I'm a former flight attendant who was able to collect unemployment insurance during my pregnancy. There were two stipulations though: 1. My doctor submitted a note stating it was dangerous to my pregnancy to continue to work in my position. 2. She also had to state that a less strenuous job would be okay. When my airline was unable to produce a temporary sedentary job for me I was eligible for unemployment benefits in the state of PA. *Note: Had the doctor said that I could not do ANY work, then I would not be eligible for unemployment, but could have tried for disability. Many fellow flight attendants collected unemployment while pregnant.
My boss wants me to come back early from maternity leave, is this fair?
if you are on a state or federal leave such as FMLA she can not ask you to come back early, however if she gave you time off then it is Personal leave and she has every right to ask you to come back when she wants you to and fire you if you don't EDIT you would not be eligible for unemployment because a Personal leave of absence is the same as quitting or she could just fire you for refusing to work either way you would not be eligible
My daughter just returned to work from Maternity Leave at Sunglass Hut, the manager fired her today,?
Employment is "at will" now, unless you have a contract that says otherwise, so the employer doesn't need a reason. It is grossly unfair, but the employers can use petty excuses to terminate if they want. And without severance pay either unless they feel generous. It works the other way, too, though. Employees can walk off the job without notice too. But there needs to be cause if the employee expects to draw unemployment benefits. Your daughter needs to file for unemployment now, today. The weekly benefit won't be as high as her Family Leave benefit, but it will put in some cash to the household. It is probably a waste of time to try to go over the supervisor's head and regain that job. It is probably a waste of time, money, and frustration to see an attorney for a wrongful termination suit. Would she want to continue working for such an employer anyway? She would be best, if she can afford to, to stay on UI as long as she can and get a job with another company when she is better situated with her baby and family life. Time is a valuable commodity and her baby needs her right now. BTW, she could use 'staff reduction' as her reason for leaving when she applies for another job. Human Resources at Sunglass Hut probably won't argue that anyway. With best wishes Rachel
Should childless women be granted paid "me-ternity leave", as an equivalent measure to the maternity leaves they aren’t taking?
Maternity leave isn’t a fun-filled vacation, it’s admitting that there are 2–5 months of that employee’s life when they will be utterly incapable of working, either because of physical limitations or complete sleep deprivation.Companies offer paid (or unpaid, but keep-your-job-open) maternity leave — or countries mandate it — because without such leave, anyone wanting to have any children at all will have to court being fired, losing all seniority, and then trying to jobhunt while also caring for a few-months-old child. This is the same reason most companies have long-term sick leave options. People who get cancer are usually going to have 6–25 weeks where, due to chemo or other factors, they’re not even going to be getting out of bed most days. A company can either choose to fire the employee, or to make a status that holds their job while admitting that there’s going to be a lot of missed days.Families with children get overseas vacations the same way childless households do: by saving up the money and the time off, and then booking a trip.
I was just hired from Ross dress for less, will they let me go if they found out I was pregnant?
You should be upfront with them. They hired you with expectations that you will be there for a while - now you have to tell them, oh I'm pregnant, and leaving in 4 months. They are probably going to be upset when they find out, so you had better just go to management and let them know before they find out through the grape vine - if they haven't all ready. good luck
What do you think about the termination due to pregnancy?
What a load of crap.She obviously just interviewed, she’s on a probationary period, so she wasn’t “fired”, she simply “wasn’t hired”If her job requires any kind of training it would’ve been a wasted effort on the part of the company.It’s a waste of resources for the company to adjust their schedule because you got pregnant, never mind having to hire and train someone new after a few months.The man was nice enough to honestly tell her why she was not going to be hired. It’s one thing to have a current employee get pregnant and go on maternity leave — most employers would congratulate her and wish her all the best and, if she’s an asset to the company, make an effort to accommodate her. It’s quite another to have a new employee candidate hide the fact that she’s (apparently) pretty far along at the time of the interview and then expect the employer to accommodate her without having proven her worth.It always amazes me how some people seem to believe that a company owes them the right to be employed there. If you turn from an asset into a liability — you are out for no other reason than because you are a liability. It’s a pretty simple concept to grasp.The worst part of the situation is that now an honest man will have to learn to lie about his reasons next time he’s in a similar situation, because experience has shown that honesty gets you nothing but public condemnation. And a lying inconsiderate pregnant jackass feels vindicated by all the “public support”.