Difficult pregnancy/Maternity leave

[mgmkitty]

What is the name of your state? California

A co-worker/friend of mine is almost 6 months pregnant. Her doctor ordered her to stay home from work for 3 weeks due to stress, she has had a tough pregnancy. She's not sick, she is just following doctor's orders. Tomorrow is her baby shower, which we've had planned for weeks, and her doctor has given her permission to go, it not being a stressful situation. She is worried about her job security. A few female co-workers of ours, including her direct boss, do not believe she is on a doctor's orders, even though her doctor has sent them instructions that she is not to be at work. They have said they think she is on vacation, running around shopping, doing whatever she wants, when in reality, she has barely left her bed. These women at work are telling everyone that will listen what they think, and are making her look bad. Isn't that slander?

Should she be nervous about her job? She's afraid she's gonna be fired if she goes to her own baby shower, or returns to work when her doctor says she can. This added stress is not doing her pregnancy well either. Help!

 

[Beth3]

No, it's not slander. It's some of her co-workers opening their big mouths and expressing their ignorant opinions. Whoever is relaying what these people may be saying to your pregnant friend are not doing her any favors and are just adding to her stress. It's not just an issue of what these individuals may be saying, it's also her "friends" that are TELLING HER what they're saying. Everyone would be well advised just to shut the heck up.

If your friend has worked for this company for at least a year and the company has 50 or more employees, then your friend is entitled to 12 weeks of FMLA. Unless the employer can prove some sort of misconduct (i.e. falsification of doctor's notes), they cannot discharge your friend for attending a babyshower.

 

[babebo1]

I thought that was defamation of her character/slander.
This is some stuff I learned about slander for my own case.

Dont people have a right to express their opinion?
Yes, so long as your statement of opinion is just an opinion, not containing specific facts that can be proved untrue.


Can she sue someone for slander?
In order to prove defamation, you have to be able to prove that what was said or written about her was false. If the information is true, or if you consented, you will not have a case. However, you may bring an defamatory action if the comments are so reprehensible and false that they effect your reputation in the community or cast aspersions on you.

 

[mgmkitty]

The HR department is giving her 6 weeks maternity leave at 100% pay, and another 20 weeks at 60% pay, and are using these weeks of bedrest as part of her maternity leave. Should this count as her maternity leave? She's not the one who wants to be home, it's her doctor making her not work.

 

[mgmkitty]

Dont people have a right to express their opinion?
Yes, so long as your statement of opinion is just an opinion, not containing specific facts that can be proved untrue.
THE OPINIONS CAN BE PROVEN UNTRUE BY SEVERAL WITNESSES.


Can she sue someone for slander?
In order to prove defamation, you have to be able to prove that what was said or written about her was false. If the information is true, or if you consented, you will not have a case. However, you may bring an defamatory action if the comments are so reprehensible and false that they effect your reputation in the community or cast aspersions on you.
WHAT WAS SAID WAS HEARD BY A HANDFUL OF WITNESSES WHO WILL BACK HER UP. WHAT IS BEING SAID IS VERY FALSE AND CRUEL, AND COULD HAVE AN AFFECT ON HER SUPERVISORS UPON HER RETURN, ESPECIALLY SINCE ONE OF THE OPINIONS BEING EXPRESSED IS HER DIRECT BOSS.

 

[cbg]

babebo1, you're missing one element in what you posted. The speaker has to KNOW that the information s/he is saying is untrue in order for it to be defamation or slander. A person is allowed to be honestly mistaken without being subject to a slander suit.

 

[babebo1]

oh I figured the fact that the boss would see the doctor's note as enough of a thing.

 

[Beth3]

"Should this count as her maternity leave? She's not the one who wants to be home, it's her doctor making her not work." Assuming the FMLA applies, your friend is entitled to 12 weeks TOTAL of leave time. She doesn't get "medical leave" mandated by her doctor, and then "maternity leave" just to stay home with the baby. It doesn't work that way.

Her 12 weeks of FMLA time includes any time she is medically unable to work as certified by her doctor, plus any parental leave time she wishes to take over and above that, until the 12 weeks are exhausted.

mgmkitty, just forget the slander/defamation issue. There simply is no case here. It's people gossiping and speculating about things they don't know anything about. And as I said, the individuals who are telling your friend what's being said are NOT doing her any favors. They're just adding to her stress.

 

[mgmkitty]

That's the point. She has doctor's notes excusing her from work. She's not just taking days off. Shouldn't that be covered as disability or something? Not taken from her maternity leave - of which she only has 6 weeks to be paid at 100%?

What is the law as far as maternity leave goes? Does it depend on the company?

 

[mgmkitty]

I'm not bringing up any slander suit..she asked me questions, I'm trying to answer them for her. And I'm also curious for when it's my turn to have a baby, what will be covered.

 

[Beth3]

"That's the point. She has doctor's notes excusing her from work. She's not just taking days off. Shouldn't that be covered as disability or something? Not taken from her maternity leave - of which she only has 6 weeks to be paid at 100%?" Once again, assuming your friend has worked there for at least 12 months and the company employs 50 or more employees, she is entitled to 12 weeks of unpaid leave under the FMLA IN TOTAL. Whatever pay she is eligible to receive is entirely a matter of company policy. Nobody here knows what that is.

"What is the law as far as maternity leave goes?" The FMLA is as I've explained it several times now. If you want more info on the FMLA, there is a ton of information readily available on the internet.

"Does it depend on the company?" Only to the extent that the FMLA applies only to those employers with 50 or more employees.

"And I'm also curious for when it's my turn to have a baby, what will be covered." You will be eligible for 12 weeks of unpaid leave time, assuming the FMLA applies. Any pay or disablity benefits you may be eligible for depend entirely on your company's policies and benefit plans.

 

[mgmkitty]

fine thank you.

 

[Beth3]

By the way, CA has enacted legislation that provides for some level of compensation while an individual is on maternity leave. I haven't paid much attention because I'm not in California but I believe it's scheduled to go into effect some time in 2004.