FMLA and short term disability nightmare

[Anonymous]

op here - ditto VA worker feelings. Really wish our country was a bit more forward thinking in family protection and related issues. I feel as if I have been taking leave for a heroin addiction instead of the very ordinary pregnancy, at least, that's the way the management makes me feel. Maybe that makes me whiny and a pregnant princess, but I don't really think so. I'd probably get better support from our government if I actually was in rehab for a heroin addiction!

[Anonymous]

Anonymous wrote:11:51, you are incorrect when you say that the employer is not legally required to give OP back her old position. If OP were able to return within the FMLA period, the employer has an obligation to return OP to her old job -- not just any job. Please read the law. Moreover, the implication in your post that by "rocking the boat" or asking for additional leave or asking to work from home the OP might cause her employer to retaliate against her by refusing to return her to her old position is extremely disturbing. The fact that you work or worked in HR is scary. Please find another line of work.

I think the vast majority of us are in agreement. This "HR Princess god" just exemplifies why so many people fucking hate HR.

[Anonymous]

While I am not an employment lawyer, I have been an in-house attorney for many years. My experience has been that most company's legal departments are very hesitant to lay off a pregnant woman or new Mom, even if they are permitted to do so under the law. It just doesn't look good, and even if you couldn't ultimately win a lawsuit, you could still bring one and cause them to spend a lot of time and money defending themselves (both in court and perhaps in the press depending on whether its a company that would draw the attention of local media or trade press). So one suggestion might be to make sure the company's in-house counsel knows what is going on. You'd be surprised at how often the employment lawyer view is different from the HR view. The in-house lawyer might help soften the stance HR is taking. I agree with earlier posters that you should not necessarily do this in a threatening way at this time, but I think you can ask for additional help/clarification in a positive way.

Also keep in mind that just because the HR person reminded you that the company is not obligated to keep your job open beyond 12 weeks, that doesn't necessarily mean they are planning to fire you. She may have felt obligated to put that in writing (even though you talked about it last week while you were in the office). If she was writing at 10:00 at night, she may be very busy and overworked and not at her best in framing the communication to you, but that's a long way from a formal decision that they will not keep you.

Overall, hang in there and continue to try to work the situation out with your boss and others. In this economic climate, it's not surprising that a company is struggling with supporting you through a long leave. But I agree with earlier posters that it will probably all work out. Do your best to keep a positive attitude and keep trying to find a solution that works for everybody. There are lots of us out here who support you in your struggle.

[Anonymous]

From my reading of the DC FMLA law, it appears that you can't take more than 16 weeks total of either family or medical leave.

Employers must provide up to sixteen weeks of medical leave and sixteen weeks of family leave to qualified employees every 24 months. Id. § 32-503(a). If the employee takes more than sixteen weeks of protected leave or is unable to return to work after sixteen weeks of leave, the employer does not have an obligation under the DCFMLA to reinstate the employee. Harrison v. Children’s National Medical Center, 678 A.2d 572, 576 (D.C. 1996) (employee who took in excess of sixteen weeks of medical leave was not entitled to reinstatement).

This seems to imply that you cannot take both medical and family leave for more than a total of 16 weeks.

[Anonymous]

Anonymous wrote:From my reading of the DC FMLA law, it appears that you can't take more than 16 weeks total of either family or medical leave.

Employers must provide up to sixteen weeks of medical leave and sixteen weeks of family leave to qualified employees every 24 months. Id. § 32-503(a). If the employee takes more than sixteen weeks of protected leave or is unable to return to work after sixteen weeks of leave, the employer does not have an obligation under the DCFMLA to reinstate the employee. Harrison v. Children’s National Medical Center, 678 A.2d 572, 576 (D.C. 1996) (employee who took in excess of sixteen weeks of medical leave was not entitled to reinstatement).

This seems to imply that you cannot take both medical and family leave for more than a total of 16 weeks.

I'm pretty sure it's been interpreted by D.C. Office of Human Rights, which administers the statute in D.C., to be cumulative --16 weeks' protection for each type of leave. You may want to give a call over there to be certain.

[Anonymous]

I cannot believe how hard it is!
I feel for you.
What is weird, is if you were to ignore your doctor and insist on working, sure there would be supposedly less expenses for the corporation, not sure what it costs them now. But if you were to ignore your doctor because you cannot cope without a salary, and then have a premie and a child that is permanently disabled, you would be milking the tax payer for all of the kids special education and other expenses that are related to you not being able to get proper care right now. And no-one would complain.
Politicians are stupid to overlook this.

[Anonymous]

Anonymous wrote:

Anonymous wrote:From my reading of the DC FMLA law, it appears that you can't take more than 16 weeks total of either family or medical leave.

Employers must provide up to sixteen weeks of medical leave and sixteen weeks of family leave to qualified employees every 24 months. Id. § 32-503(a). If the employee takes more than sixteen weeks of protected leave or is unable to return to work after sixteen weeks of leave, the employer does not have an obligation under the DCFMLA to reinstate the employee. Harrison v. Children’s National Medical Center, 678 A.2d 572, 576 (D.C. 1996) (employee who took in excess of sixteen weeks of medical leave was not entitled to reinstatement).

This seems to imply that you cannot take both medical and family leave for more than a total of 16 weeks.

I'm pretty sure it's been interpreted by D.C. Office of Human Rights, which administers the statute in D.C., to be cumulative --16 weeks' protection for each type of leave. You may want to give a call over there to be certain.

It is 16 weeks for each type of leave (up to total of 32 weeks), but only every 24 months. FMLA is 12 weeks but renews every 12 months.

[gringachapina]

Not sure if this will help you at all. http://www.eeoc.gov/facts/fs-preg.html
Pregnancy Discrimination Act.
Good luck!

[Anonymous]

OP, my heart goes out to you. I was in a simialr boat a couple years ago and I did hire an attorney, not to send a threatening letter but just to educate myself on my rights, and I was VERY pleased to learn that with DC FLMA I WAS entitled to 16 for med and 16 for fam and I took them. I had to educate my company's HR dept but did that successfully and without conflict. Every once in a while I'll post a PSA here to help people like yourself. Take a look at a thread I started here a while back on this very matter:

http://www.dcurbanmom.com/jforum/posts/list/20899.page#126599

[Anonymous]

Anonymous wrote:

Anonymous wrote:11:51, you are incorrect when you say that the employer is not legally required to give OP back her old position. If OP were able to return within the FMLA period, the employer has an obligation to return OP to her old job -- not just any job. Please read the law. Moreover, the implication in your post that by "rocking the boat" or asking for additional leave or asking to work from home the OP might cause her employer to retaliate against her by refusing to return her to her old position is extremely disturbing. The fact that you work or worked in HR is scary. Please find another line of work.

Take it up with our HR Director and General Counsel. I followed their advice and, apparently, it was correct. OP is still whiny and petulant and I am entitled to my opionion of her just as she is entitled to think that she is the pregnant princess, giving birth to the second coming of a Diety..

What the hell is a "Diety"? If you are going to insult someone from your high horse, use real words. If you are using a real word (deity?) at least use proper spelling (and capitalization.)

And you really do sound miserable. Whiny and petulant? How is "I'd like to keep working" whiny and petulant? You must come from a position of extreme privilege if you think that it's just annoying to try to keep your job. She's not asking for a diamond tiara, you troll, she's trying to provide for her family.

[Anonymous]

15:56 - thank you so much for posting this information. you're a star.

and can we all just drop it with the HR loser? and just ignore her really ignorant attitude.

[Anonymous]

Maternity leave (and medical leave in general) is so fucked up in this country, and this economy is making employers really bold when it comes to this stuff.

My large law firm laid me off 10 days after I returned from disability leave. I had been sick and in the hospital with a severe illness and surgery--gone for about 2.5 weeks. I was "selected" as part of a layoff, but oh, no, my sick leave had nothing to do with it. Yeah, right. I had been given glowing reviews before I left on leave, exceeded my hours, was given a promotion and a raise. And then I take my leave, and bam, got laid off. I contacted an employment lawyer who just said I couldn't prove anything and not to bother. (She was kind of a bitch though, I wonder if I should see oseone else...). I've heard similar stories about suspicious layoffs from other lawyers in various law firms around town. All I can say is I really feel for your OP. Employers don't give a shit in this economy.

[Anonymous]

Anonymous wrote:Maternity leave (and medical leave in general) is so fucked up in this country, and this economy is making employers really bold when it comes to this stuff.

My large law firm laid me off 10 days after I returned from disability leave. I had been sick and in the hospital with a severe illness and surgery--gone for about 2.5 weeks. I was "selected" as part of a layoff, but oh, no, my sick leave had nothing to do with it. Yeah, right. I had been given glowing reviews before I left on leave, exceeded my hours, was given a promotion and a raise. And then I take my leave, and bam, got laid off. I contacted an employment lawyer who just said I couldn't prove anything and not to bother. (She was kind of a bitch though, I wonder if I should see oseone else...). I've heard similar stories about suspicious layoffs from other lawyers in various law firms around town. All I can say is I really feel for your OP. Employers don't give a shit in this economy.

Agree, though companies aren't really thinking long term. Some employers still think that they're doing a favor by letting women work - and it's apparent in situations like yours. I bet your firm will have a hard time retaining/recruiting women if it keeps up these shenanigans - if I were an associate at your firm and saw what happened to you, I'd start planning to jump ship ASAP. Really good attorneys will be able to find something else - even in this economy.

I had a horrific experience with my law firm my 2L summer. Word got out, and they had serious trouble recruiting from my top ten law school afterwards. The school used to be a "feeder" but sent only one or two people to that firm the following year.

I landed an amazing gig right out of law school and feel I dodged a bullet, so it was no skin off my back - though the firm suffered. Plenty of smart, capable students looked at how I was treated and decided that they would rather not take their chances. Obviously, people want to retain anonymity - but I wish I knew which companies were pulling this bs knew that they might have some serious damage control to do.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Maternity leave (and medical leave in general) is so fucked up in this country, and this economy is making employers really bold when it comes to this stuff.

My large law firm laid me off 10 days after I returned from disability leave. I had been sick and in the hospital with a severe illness and surgery--gone for about 2.5 weeks. I was "selected" as part of a layoff, but oh, no, my sick leave had nothing to do with it. Yeah, right. I had been given glowing reviews before I left on leave, exceeded my hours, was given a promotion and a raise. And then I take my leave, and bam, got laid off. I contacted an employment lawyer who just said I couldn't prove anything and not to bother. (She was kind of a bitch though, I wonder if I should see oseone else...). I've heard similar stories about suspicious layoffs from other lawyers in various law firms around town. All I can say is I really feel for your OP. Employers don't give a shit in this economy.

Agree, though companies aren't really thinking long term. Some employers still think that they're doing a favor by letting women work - and it's apparent in situations like yours. I bet your firm will have a hard time retaining/recruiting women if it keeps up these shenanigans - if I were an associate at your firm and saw what happened to you, I'd start planning to jump ship ASAP. Really good attorneys will be able to find something else - even in this economy.

I had a horrific experience with my law firm my 2L summer. Word got out, and they had serious trouble recruiting from my top ten law school afterwards. The school used to be a "feeder" but sent only one or two people to that firm the following year.

I landed an amazing gig right out of law school and feel I dodged a bullet, so it was no skin off my back - though the firm suffered. Plenty of smart, capable students looked at how I was treated and decided that they would rather not take their chances. Obviously, people want to retain anonymity - but I wish I knew which companies were pulling this bs knew that they might have some serious damage control to do.

Too many under- or unemployed lawyers , or "laid off at BLF" for female attorneys to turn down job offers in this economy where lawyers, particularlly in this area, are a dime a dozen. Get real.

[Anonymous]

"Diety" is a transposition of "i" and "e" and the word is misspelled. Flame all you like because you have so little to be happy about.