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KRAPUANO

Junior Member
What is the name of your state (only U.S. law)?
Florida

Hi - My employer recently distributed to all employees an office roster that shows our "start date" with the company. I actually began working for a small financial firm in late 2006, but then took maternity leave in 2008, followed by working part-time and returning to full time in 2009. I did exactly the same thing in 2010. To the best of my knowledge, there was no break in service for any of this time and all of my securities licenses continued to be valid from my start date in 2006. My employer, however, to apparently save a few dollars, has chosen to "restart" my employment date to when I came back full time in 2010 (I lost credit for the first 4 years I was here with regard to vacation time). I do recall signing a paper when I left that said the employer reserves the right to make me "interview" for the position, but this never occurred - I simply came back to work full-time. Is it legal for them to "restart" my employment date like this?? I know I live and work in a state that is very lenient toward employer rules, but I feel that if my licenses were valid for the entire time I was on maternity leave and working for them part-time, they should not have the right to do this!! Also, if someone calls to verify my employment, they will be giving them the incorrect date. When I brought this up to one of the partners, he told me to let the office manager know if the call was expected so that she could provide the "longer term" of employment!! Any info would be appreciated!! :)
 
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cbg

I'm a Northern Girl
There is nothing inherently illegal here. IF it should affect eligibility for FMLA, or a retirement plan, or some other regulated or protected benefit, THEN they might have to adapt to the older date FOR THAT PURPOSE ONLY. However, for their own internal records and non-protected benefits, it's entirely their opt how to calculate service time.
 

ecmst12

Senior Member
If the leave was protected by FMLA, isn't that supposed to protect your seniority with the company?
 

OHRoadwarrior

Senior Member
Maternity leave for FMLA is not from 2006 to 2009, it is 12 weeks by law. Anything else is simply a gratuitously extended rehire, unless you are covered by a CBA and meet its terms.
 

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