FLMA.....Please Help!

[lagraham1]

What is the name of your state? Massachusetts.

Ok, I started a job with a head hunting company back in April. I was about 12 weeks pregnant at that time.
Now things were fine up until I had my baby on November 3. I was working from home. Now I contacted the president of the company back in September about borrowing a laptop from the company to make things easier because I would be coming back to work about a week after I had my son. Becuase I am not paid for FLMA because I havent worked for them for 1 year. Now, I worked a 32 hour week when he was 1 1/2 weeks old. Then I recieved an email from the wife (presidents) stating that I was not expected to come back to work until January 26, 2006 (at the end of the 12 week FLMA). And at that time I would need a doctors letter stating that I was able to return to work.
Now the president must have never mentioned to her that I was coming right back, and that he lent me a laptop to use.
Well I emailed them in November right after I recieved that email saying that I thought I was able to come back to work right away, even though I am "entitled" to 12 weeks UNPAID. My son is 6 weeks old today, and I just finally got an anwser from them.
I had emailed them and asked that I either be allowed back at work, or if I could take a lay off. It took them THIS LONG to get back to me.
They are now saying that they were basically waiting for a doctors letter. Which they never asked for now. I have saved all the emails from them.
Also, they wouldnt even return my calls. They chose to just email me. I had to hound them to get an anwser.
Well basically they said that because I didnt get them a doctors letter that I can consider myself laid off.....
Ok, thats all fine and dandy, because by law they cant fire me for having a baby, but what is going to happen on January 26? Are they going to fire me then? And who is supposed to pay me for the 3 weeks pay I missed out on. Unemployment wont pay me, because the claim starts the day I call, not the day I was laid off, from what they told me.
So I emailed the owners and asked if I was welcome back in January...because I need to plan ahead.
I am so confused as to what to do.
I would like to talk to a lwayer, but I really dont have the money for one. And people are telling me Im overreacting. When I really dont feel like I am. I feel like I am being discriminated against for having a baby.
I also heard that work is slow now....WHAT TIMING!
What should I do>? If you have any questions, please ask!!!
THANKS IN ADVANCE!

 

[CJane]

Wow, that was nearly incoherent.

My recommendation? Start looking for a new job NOW. Most likely, the don't need a reason to fire you, and you're not 'entitled' to ANY time off unless you're covered my the FMLA... and you already stated that you're not.

 

[cbg]

You said that you started the job in April. Are you talking about April of 2005? If so, you are not eligible for FMLA (although you are for the MA state maternity leave). To qualify for FMLA, you must have been employed with the company for no less than 12 months, among other things. The company may have a policy of allowing employees who have worked for shorter periods of time to take leave (and, as I said, you are eligible for the 8 weeks MA maternity leave policy, which is also unpaid) but you are not eligible for FMLA. The definitions for eligiblity are set at the Federal level.

FMLA is unpaid leave, as is the MA state maternity leave. MA does not require any paid leave for any maternity or other medical purpose, and neither does Federal law. If the company chooses to pay it, they may, but you have no legal expectation of receiving paid leave under either Federal or state law.

You are NOT entitled to 12 weeks of leave unless your employer chooses to give it to you, since you do not qualify for FMLA. You are entitled to 8 weeks of unpaid leave under the state maternity regulation. Anything over and above the 8 weeks, in your case, is up to the employer.

Your employer is entitled to a letter from the doctor stating that you are able to return to work.

I have no idea whether they are going to fire you when you return. But if you have been out of work for longer than 8 weeks, they legally can. I don't know why they would, though, since they said you are expected back then.

And who is supposed to pay me for the 3 weeks pay I missed out on.

No one. You're not entitled to paid leave.

 

[Gadfly]

Ok, I'm confused. What is the difference between "fired" and "laid off" and why would you ask to be "laid off".

 

[cbg]

Actually, there is a difference, but so many people misuse the term "lay off" that the differences are completely misunderstood.

Technically, an employee is only laid off if there is a reasonable expectation of being recalled to work. If the employer terminates their employment for any other reason (and termination, too, is misunderstood; any time the employment relationship is severed, that person is terminated. Terminations come in two flavors - voluntary and involuntary. An employee who quits was voluntarily terminated.) they have been fired. But "firing" sounded too harsh to some people, who assumed that firing always meant, for cause. So some people, a lot of people, too many people, starting using "lay off" to mean an involuntary termination that was not for cause. But that is technically incorrect, unless the employee is subject to recall.

 

[Gadfly]

I thought that was "furlough" as in a reasonable expectation of returning.

 

[cbg]

That may be regional. You never hear of furloughs in my neck of the woods. But a lay off correctly only refers to situations where the employee has a reasonable expectation of being called back to work, despite the fact that it is frequently used to mean an involuntary termination of any type that is not for cause.