Maternity Leave & Short Term Disability

[Skippy918]

Some companies can be nice about holding a person's job even if they exceeded their Fmla. A former colleague of mine was out for 9 months with cancer, came back for less than a year and then went back out again for another 6-9 months. They got someone to cover for him, but they kept his job and didn't make him resign.

 

[tina.tina]

If she does come back after 3 weeks and keeps her job, she would be entitled to FMLA again in November and could take bonding time off at that time. Just FYI. Bonding time under FMLA must be taken within 1 year of birth.

 

[nkereina]

If she hasn't already, she may also want to write HR a formal letter requesting that they review her situation and ask for the exception. They likely not accept it and terminate her for not returning from leave but it may help when filing for Unemployment. She can show that she took every step to keep her employment but that her company chose (which is their right) not to make an exception to their FMLA policy, which at least shows that she tried to keep her employment but lost it due to medical issues.

I know that she did make a formal request to HR for review (as directed by HR), but your point about them terminating her for not returning from leave for unemployment got me thinking. If she willingly resigns like they're telling her she needs to do, she wouldn't receive unemployment. But if she does NOT resign and they terminate her for not coming back after the 3 weeks, she'd be fired at that point and could receive unemployment. I'm sure the latter scenario would jeopardize her chances of coming back, but it's a viable option if she gets fed up an doesn't want to return.

If she does come back after 3 weeks and keeps her job, she would be entitled to FMLA again in November and could take bonding time off at that time. Just FYI. Bonding time under FMLA must be taken within 1 year of birth.

Good info, thanks! I didn't know this and I doubt she does either.

 

[tina.tina]

If she willingly resigns like they're telling her she needs to do, she wouldn't receive unemployment.

Just some further things to look into:
In my state, if you resign in lieu of termination, you could be eligible for unemployment if you aren't being terminated for misconduct. However, in my experience, the employer could make the case that violating their attendance policy is misconduct (I'm not sure if the medical excuses would be mitigating circumstances). Also in my state, you aren't eligible for unemployment during periods when you are unable to work for medical reasons.

 

[DebbieB]

We have a woman who has been out on disability for 11 months. Her position was reassigned. We were wondering what would happen if/when her doctor clears her to return to work. She was talking to a coworker and said she was told she could apply for an opening in the company if one was available, otherwise she would be terminated. Kind of a bummer to finally be well but not be able to return to work. But you can see the company's position, they can't hold the job open forever.

 

[nkereina]

Just some further things to look into:
In my state, if you resign in lieu of termination, you could be eligible for unemployment if you aren't being terminated for misconduct. However, in my experience, the employer could make the case that violating their attendance policy is misconduct (I'm not sure if the medical excuses would be mitigating circumstances). Also in my state, you aren't eligible for unemployment during periods when you are unable to work for medical reasons.

Good points, thanks. It's my understanding that in NY, if you voluntarily leave, you aren't eligible for unemployment benefits. Our work requires a resignation letter in writing, so they'd have written proof she's resigning voluntarily. Even if she is eligible for benefits, our employer has a history of disputing unemployment claims on cases they don't believe the former employee is actually entitled to it.

We have a woman who has been out on disability for 11 months. Her position was reassigned. We were wondering what would happen if/when her doctor clears her to return to work. She was talking to a coworker and said she was told she could apply for an opening in the company if one was available, otherwise she would be terminated. Kind of a bummer to finally be well but not be able to return to work. But you can see the company's position, they can't hold the job open forever.

I do see the company's position, but did the woman at your place know about when she'd be able to return? Or was it touch and go, depending on how she was progressing? In Jan's case, she'd have a firm return to work date after the additional 6 weeks or so are up, assuming labor goes as planned. It's still a good possibility she'd be able to return to her position, but they won't guarantee it.

 

[ez]

I dont know if its still the same but when I had 2 kids while having a federal job working as a letter carrier, I was allowed to take 12 weeks off due to family leave but in order to be paid for it I had to use up all my sick leave or vacation time I had saved up over the years, or otehrwise do leave with out pay. It always seemed strange to be that the federal government would have no maternity leave, kinda seemed unfair to have to use up "sick" leave to have a baby, cause thats a totally different thing. I had a friend pregnant at the same time who is a flight attendant and she was on paid maternity leave after 5 months!!

Another thing I might add is, a letter carrier is a pretty physical job for a pregnant woman. Like I weighed 105 lbs at the time and was required to lift 70 lb packages. So when I got toward the end of my pregnancy and simply could not do this, I requested "light" duty which would mean standing on your feet all day in the office sorting mail (if you can call that appropriate for a woman 8 months pregnant) But anyway I was refused light duty because there was a guy already on light duty for a bad back, and they really couldnt let anyone else be on light duty. I seriously wonder if this kinda stuff would fly right now, my last pregnancy at the PO was in 2004.

 

[jrmasm]

Good points, thanks. It's my understanding that in NY, if you voluntarily leave, you aren't eligible for unemployment benefits. Our work requires a resignation letter in writing, so they'd have written proof she's resigning voluntarily. Even if she is eligible for benefits, our employer has a history of disputing unemployment claims on cases they don't believe the former employee is actually entitled to it.



I do see the company's position, but did the woman at your place know about when she'd be able to return? Or was it touch and go, depending on how she was progressing? In Jan's case, she'd have a firm return to work date after the additional 6 weeks or so are up, assuming labor goes as planned. It's still a good possibility she'd be able to return to her position, but they won't guarantee it.

Labor, delivery and recovery frequently do not go as planned. And god forbid, her baby have problems at birth.

No, Jan does not have a firm return to work date.

 

[nkereina]

Labor, delivery and recovery frequently do not go as planned. And god forbid, her baby have problems at birth.

No, Jan does not have a firm return to work date.

True, which is why I gave the caveat "assuming labor goes as planned". In any event, if it DOES go as planned, she'd be able to pinpoint the approximate week she'd return. So I still think it's an easier cirumstance to hold a position in, if they company can afford to. Unlike someone undergoing cancer treatments or suffering an illness, where there's no telling when they'll be able to return unfortunately.