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FMLA Questions

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JeepNut97

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

Heres the situation (I'll try to keep it brief, please ask any questions to help clarify!): My wife took FMLA from her job as a Day Care Provider (for a national chain). She has 4 weeks left before it runs out and she returns to work. Her company has decided, due to economic reasons, to change their policy regarding employee childcare. Discounts will no longer be offered to employees who are not active as of Dec 1. Those that have children enrolled will continue to receive the current discount. My wife was told by her boss that unless she returns to work on Dec 1, she might not receieve the discount and might have to pay full price if she returns in January.

I understand that FMLA is there to protect the employee and ensure they continue to receive their benefits, etc. My wife was "active" and will be again when she returns. I guess the question is whether or not childcare constitues an "employee benefit". However, is the bigger issue here the apparent "interferring" with her FMLA rights by coercing her into returning early? We have no intention of "sueing" as this receiving a discount only amounts to an extra $200 a month. (the larger issue is the loss of the free childcare that would have kicked in when she hits 18mos!) We're just looking for any advice that might help us feel that we're right, they're wrong! :D
Appologies if this isn't the most eloquent of explanations...and I thank you for sticking around this long!
 


JeepNut97

Junior Member
Yes, I think it does, or at least those that have children enrolled in the daycare. The change was announced last week. I could understand if they said that our daughter had to be attending by that date, but the fact that they said my wife needs to return to work by that date is what I think isn't right.

I told her to start looking for a new job, LOL. Any company that's starts to take away employee "benefits" like this is starting to scrape the bottom and it's time to get out. I'm more concerned with her finding a new position as a day care teacher now, rather than when there are 40 more also looking for the same position!:D
 

cbg

I'm a Northern Girl
If the change applies to everyone then she is out of luck. FMLA does not require that she be allowed to keep a benefit that has been removed for everyone else, just because by coincidence she happened to be on FMLA at the time the change was made. FMLA never protects an employee from a change that would have occurred regardless of whether they were on FMLA or not.
 

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