Is it legal to term you while you on fmla and rehire you when you return to work?
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Is it legal to term you while you on fmla and rehire you when you return to work?
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I was at my job almost a year when I went out to give birth to my son, and I was on the schedule as med Lv, and when I came back to work a month later they told me that they had to start me all over again other wise my vacation time and my holiday pay was no longer in affect. Now my year won't be renewed until june of next year after my year would have been up in August 07, 2008. Can a company do this? Why was I on the schedule for med lv if you have to start over when you return? help me with this.
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michr
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"I was at my job almost a year when I went out to give birth to my son"
did you even qualify for FMLA?
from the FMLA:
(a) An ``eligible employee'' is an employee of a covered employer who:
(1) Has been employed by the employer for at least 12 months,
i don't really understand your question and what you are trying to explain so contact the companies HR department they should be able to explain the leave policy.
you can go to this site for info on FMLA.
http://www.dol.gov/compliance/laws/comp-fmla.htm |
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Judy
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You say you had worked there for almost a year. So you weren't on FMLA - FMLA eligibility requires that you have worked for the company for at least 12 months. Being on medical leave is not the same as being on FMLA. So yes, what they did was legal. They weren't required by law to take you back either, but obviously decided that they wanted to. |
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Joni H
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This does not sound correct. If you were on unpaid FMLA leave, and filled out all the FMLA papers, you should have been returned to the same job -- with the same accrued benefits when you returned.
FMLA only applies to employers with 50 or more workers within 75 miles (plus most schools and govt agencies) so it's possible that it didn't apply, if your employer is smaller.
Report violations of FMLA to the US Department of Labor. |
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seekn2know
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under the Family Medical Leave Act you are entitled to up to 12 weeks of unpaid medical or family leave from your employer without being fired.
They have to keep you in the same position & pay but if you are gone an extended period of time they can replace you but not fire you.
You have to be in your position for at least a year prior to the leave see the link below it has all the info |
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