Could use some legal advice - may be losing my job because I had a baby.....

[JenBKR]

As you may know, I just had a baby. I was working full time, but I had worked everything out so I could go back part time. I just talked to my boss and he said that the girl who is working for me now and was supposed to work part time when I come back wants full time now. He told me that I can either come back full time or I can cover while other people are on vacations, but I am not going to be able to come back as I had planned. I know that I am entitled to have a job thanks to the FMLA, but I don't know if I have any legal recourse since he is saying I can come back full time. I am so stunned right now, I really never thought he would do this. Anyone have any advice?

[Sirrahsim]

Unfortunately for your situation he is legally required to hold your full time position for you but if you don't want that then there is nothing you can really do Did you ever get anything in writing stating that you would come back part time?? That is the only way I think you would have any grounds to fight.. I hope that you work something out.

[JenBKR]

Unfortunately for your situation he is legally required to hold your full time position for you but if you don't want that then there is nothing you can really do Did you ever get anything in writing stating that you would come back part time?? That is the only way I think you would have any grounds to fight.. I hope that you work something out.

That's pretty much what I figured. I don't have anything in writing. I just can't believe that they would do this to me. I don't know what to do...

[jennielynn1970]

Do you have a union rep or anything like that??

I'd at least get a consultation with an attorney, if they can hear what you have to say, and give you free advice about whether a suit would be warranted. Employers are crappy like that. I know where I work, in a school district, we are guaranteed our job back, and the same position, but the same position in the same building, only for so long. It's in our contract that way.

[Ginger's Mom]

Yeah, it sounds like he is offering you your same position back, and has even offered to make some accommodations if you just want to fill in for people who are on vacation (which may turn out to be part time work). But he is not required to create a new part time position for you, if you should turn down his offer. Your old position will be filled by your replacement when/if you decide not to return full-time.

I am going to add another wrinkle to this equation. I know two of the ladies in our office went out on FMLA to have a baby, then decided that they were not returning to work at all. They were required to pay back certain benefits (medical?) they received while they were out, because they did not return to the payroll. I am just throwing that out there. Check to make sure that will not happen to you if you decide not to return full-time. It may be worth it to you to go back to work just for a month or so, so that you do not lose any benefits. Also, if the other girl sees that you are returning to work, she may change her mind after being unemployed for a month and be willing to job share as originally planned.

Ooh, ES you must have been posting when I was. Have you heard anything similar to the situation where the ladies had to reimburse the county for benefits when they didn't return to work?

[Edwina's Secretary]

GM...yes recovery of medical premiums is possible. Without quoting the entire reg...basically

If the employee fails to return from leave or returns and works less than 30 calendar days...the employer can recover its share of the cost of group health care premium payments. If the failure to return is for reason beyond the control of the employee or because they continue to be sick...employer can't recover.

p.s. in my experience it is not often done....

[Edwina's Secretary]

Two things about FLMA...it only applies if your employer has 50 or more employees and, as Sirrahsim says...your employer is only required to return you to same or substantial similar work. Full to part time would not be same. There are other restictions as well.

Sorry - negoitations are your best bet.