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They can't let me go, can they?
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Mandy_Smiles posted:
I am 21 weeks along and everyone in my company knows that I am pregnant. I have been working full time with this company for 3+ years. It's no secret that I will need to take maternity leave and my manager has asked here and there how long I will be gone and things like that. She is not the manager I would need to talk to about this so I called the general manager of our company and asked him when I need to let them know when I will be starting my maternity leave and just had a few questions for him about our company policy regarding maternity leave. He said, "Well, you are a really good worker and I hope we can still keep you on board by the time you are done with your maternity leave" because I plan to take the full amount of time that FMLA allows. That sounds like he thinks that he can let me go while I am on maternity leave, right? That is illegal, right!?! In an ideal world I would like to not go back to work, but we just cannot afford it. How should I deal with this? I don't want them to figure out that they can't let me go while I am on maternity leave and try to find a way to let me go now rather than later. Due to the economy our office hasn't met any of our goals in a long time so they could use that against me and use that as their reasoning to fire me probably since I am the only full time sales person. How do I deal with this? I don't love my job, but hey, it's a job and I am glad to have it. Any advice will be greatly appreciated!
Mandy 26, DH 31, Angel Baby @ 13weeks April 2010, EDD 3/27/11, Greenish-yellow team (undecided)
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Starla_94 responded:
You CANNOT be fired for being Pregnant.. however they could try to claim your not performing and lay you off as a cover up.. lol but would be hard since he just said you were a good worker and want you back..

the FMLA act they HAVE to provide you a job on your return of comprible status/pay.. thats the only thing it protects you fromt..

i wish it enforced company's to give us pay while we were out.. Mine does through disability but most companies don't pay!!

you get up to 4 weeks for Vaginal and up to 6 weeks for Csection.. and thats only with a doc's note to get the full 6 weeks.. some people like me i'm taking vacation after the baby after my maternity leave is over.. so i can stay home longer.. and then i plan to talk to the boss about working from home as much as possible to keep the baby out of day care.. cause i want to solely breastfeed for at least 3 months (without the Bottle) I will pump and stock up hopefully befoer hand..

So what i did was provied a Plan ..

I informed my boss that I would be out for x amount of weeks starting around the Xth Day of April (right around my due date)

but remember this is "planned" and not set in stone as things can change.. but we don't need to tell them about the what ifs..

I also mentioned thigns that i knew i would need coverage on when i was out thigns i do daily/monthly on my team thtat no one else does and would need the coverage for a while..

I didn't mention anything about working from home bla bla bla

and left it at that for now.. This way it looks like you Plan to come back you tell them you will be out apx x days giving them the time frame.. "starting the 15th of APril and returning the 15th of june"

You might also call your benifits people whomever your insurance is with to confirm what coverage you have for maternity leave and if there is anything you need to do in advance before you leave (paperwork, etc)


Hope this helps!! :)
Christina (34) DH (38)- 1 D/S Oct-2003, M/C April 2010, M/C June 2010 (twins) BFP on 8/15/2010 ~ GreeBean - hoping for a girl! EDD 4/28/2011
 
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Mandy_Smiles replied to Starla_94's response:
I will have a completely unpaid maternity leave so I don't have any place that I would need to contact with benefits. I am on my DH's insurance so atleast if I am let go we will still have health insurance. I am not covered for any disability leave with our insurance so it would be completely unpaid. I am just afraid of not having my job when my maternity leave is over. He also mentioned that I may have to work part time when I come back, but don't they legally have to hold my full time position for me? Isn't it illegal to demote me from full time to part time while I am on maternity leave?
Mandy 26, DH 31, Angel Baby @ 13weeks April 2010, EDD 3/27/11, Greenish-yellow team (undecided)
 
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newmommy301978 replied to Mandy_Smiles's response:
go to this website

http://fmlaonline.com/
Jessica(32)DH(34)my little angel boy went to heaven april 4 2009 at 24 weeks, m/c august 2009, now currently expecting a baby boy Liam Nicola Dec 23, 2010 pray that everything goes like it should.
 
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jedmonds12 replied to newmommy301978's response:
Jessica's got the right of it; check out that website; it's very helpful. However, the site states "up to 12 weeks" at one point and then "at least 12 weeks" at another point.

It's always best to talk to the person who handles Human Resources at your company. They're always fully versed in FMLA rules and state-specific guidelines regarding leave under FMLA. They will also have paperwork that they need from you in order to process your FMLA leave request.
Julie (27) DF (34). One MC 5/10 at 7 wks. BFP 8/9/10! It's a boy!!! EDD 4/18/11
 
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Mandy_Smiles replied to newmommy301978's response:
Thanks for providing that website Jessica.

It says "Smaller employers are not required to provide FMLA leave to their employees. If a company employs fewer than 50 people within 75 miles of the employee's worksite, the employee does not qualify for FMLA leave."

So... I work for a smaller company with less than 50 people in my state so do you think that means that they can let me go while I am on maternity leave?
Mandy 26, DH 31, Angel Baby @ 13weeks April 2010, EDD 3/27/11, Greenish-yellow team (undecided)
 
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Starla_94 replied to Mandy_Smiles's response:
i think so.. however they bring you back and full time and a week later demote you that unfortunatly you can't control i don't believe.. but they have to offer you something comprible to what you have now as far as i'm concerned..
Christina (34) DH (38)- 1 D/S Oct-2003, M/C April 2010, M/C June 2010 (twins) BFP on 8/15/2010 ~ GreeBean - hoping for a girl! EDD 4/28/2011
 
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Starla_94 replied to Mandy_Smiles's response:
Mandy did you ask how much leave they allow you for maternity? you might have to get a doc note hense the forms and stuff i was talking about if its more then 2 weeks or 4 weeks..

I know your DH gets leave too or should.. justifed under FMLA for Parental leave.. My hubby gets 2 weeks of this paid that doesn't count against his vacation which is really nice..

I hope it all works out for you its the last thing you want to worry about..

I got laid off after i had DS.. I knew about it before hand the contract was ending and the company we were contracted with was selling to another company that already had Inhouse tech Support..

Anyway. SO i went on Maternity leave actually officially the monday after i had DS.. had him on Sat and didn't go in Monday..

Then when that ran out i took vacation through the end of the year with 1 week no pay which took me through the 31st of Dec the last day of the contract.. then my employmnet was terminated and i got my severance check.. and then i filed for Unemploymnet.

If you do get let go mak sure to file for unemployment its not much but better then nothing to help tie you over

I ended up staying off for 6 months before betgging DH to find me SOMETHING to get me out of the house.. I ended up finding a contract that let me work from home.. and did that for 6 months before getting a part time job where DH worked managing a website
Christina (34) DH (38)- 1 D/S Oct-2003, M/C April 2010, M/C June 2010 (twins) BFP on 8/15/2010 ~ GreeBean - hoping for a girl! EDD 4/28/2011
 
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risdiane responded:
Lurking
If you are in an office with less than 50 people within what ever distance you may not have much you can do. Although I work for a big company there are only 3 people at my location and there are no state laws that would protect or help me. I got 8 weeks of diability since i had a csection and my job requires travel and from there it was up to my boss. I ended up getting close to 16 weeks off returning to my same job. It is far more expensive to hire and train someone your real risk is if they dont really need you anymore to begin with...

Your best bet is to think it through figure out how long you want off and what is realistic for your postion. Get a proposal plan together for your absence and how much time you would like (again I would factor in what is realistic for your job) and take it to your boss. You want them to be on your side about this and as hard as it might be because our time with our babies is personal - treat it like a business pitch. Here is what I am going to do to prepare, I think this would be the best coverage and I will return on this date. If you give them a solution you control where they go with it and they are more likely to agree. If you just leave it up to them you might not like what they come back with.

Good luck, remember all things work out in the end but I think there are some good solutions for you but I would wait a bit and think through what you want and what would work for them. Managers love solutions, but it has to meet their objectives too. Hopefully you can get 3 or 4 months off with that little girl of yours and enjoy every sleepless minute of it :)
Cris, 31 DH 31 - Ectopic 10/08, m/c 09/09 at 16 weeks unknown cause 1/14 BFP, Due 9/23 its a boy!
 
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Starla_94 replied to risdiane's response:
my manager says.. Don't come to me with a problem unless you have suggestions for a solution.. LOLOL

its like uh..ok..
Christina (34) DH (38)- 1 D/S Oct-2003, M/C April 2010, M/C June 2010 (twins) BFP on 8/15/2010 ~ GreeBean - hoping for a girl! EDD 4/28/2011
 
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kal1973 replied to Mandy_Smiles's response:
If you're company does not meet FMLA employer eligibility, they are not required to hold your position. They may claim that holding your position is an undue hardship. However, if you are a good worker and have a good relationship with this company, they should do the math and figure out that it costs them less to hold your position for 12 weeks than it would to recruit and train your replacement, not to mention the unemployment costs that they would have to bear for up to 99 weeks. Nor can they win any unemployment hearing...your having a baby is not willful misconduct which is about all that disqualifies people for unemployment benefits these days.
I would agree with pp that if you lay out your intention of returning, and when, all you can do is continue to work hard and hope they are smart enough not to let you go.
 
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shanastash replied to kal1973's response:
i would call fmla to see what YOUR options are. i would go through your insurance though...the benefits side of it.

whenever i have a question, i call my benefits line and they can help me out with whatever questions i have. they are a real help...and they will be able to tell you what YOU need based on your job and location.

GOOD LUCK MANDY!!!
Shana-27, Darrin-29, angel baby (fishie-14w5d) found out @ 17wks. Dx: MTHFR and FV Leiden. BFP 3.12.10 EDD 11.20.10 PINK TEAM!!! Rx: Lovenox 40 mg, baby asprin, 1000 mcg folic acid, AND PRAYERS!
 
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Mandy_Smiles replied to shanastash's response:
Thanks everyone for the advice. I think I am just going to wait a month or so before I bring this up again. I don't want to remind them about it and make them want to let me go BEFORE the baby comes. My DH thinks it is a great idea for me to lose my job while I am on maternity leave so that I can get unemployment and be able to stay home a little longer. He thinks this could work out to our advantage in the end, since he really wants me to stay home as long as possible. Plus, I'm sure some of you have seen some of my Tuesday Tempers... I am not particularly in love with working in the wedding business anymore. It has lost it's luster and I would like a normal office job with no more bridal shows or highly emotional brides, etc... I just can't handle all of their excitement sometimes! LOL! I think I would like to work in a school. I have a bachelors, so maybe this will force me to go back to school and get a teaching certification? Who knows... I am trying to not stress over this right now, unless I lose my job before we have the baby. I am focused on my in laws coming to visit this weekend and trying to not get stressed over that! LOL! Thanks again!
Mandy 26, DH 31, Angel Baby @ 13weeks April 2010, EDD 3/27/11, Pink team! :)
 
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Starla_94 replied to Mandy_Smiles's response:
mandy your right.. as long as they can let you go unemployment is there.. but most require you to sactivly show your looking for jobs.. so keep that in mind :)

at least thats how it is in texas :)

it will all work out. it was like me losing my job all worked out so i could stay home longer :)
Christina (34) DH (38)- 1 D/S Oct-2003, M/C April 2010, M/C June 2010 (twins) BFP on 8/15/2010 ~ GreeBean - hoping for a girl! EDD 4/28/2011


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