Quick question in regards to labor law... My wife was laid off from her job where she has the highest seniority of any of the employees who were subject to the reduction in work force. She was laid off while on FMLA leave (maternity) and was told specifically that she was being laid off because she was the easiest employee to lay off since she was already out on leave. Another employee had previously been told (before my wife left on FMLA) that if there were any layoffs that she would be the one to go since she had the least seniority. Do we have any legal recourse to pursue here? Thanks in advance for any help!

Quick question in regards to labor law... My wife was laid off from her job where she has the highest seniority of any of the employees who were subject to the reduction in work force. She was laid off while on FMLA leave (maternity) and was told specifically that she was being laid off because she was the easiest employee to lay off since she was already out on leave. Another employee had previously been told (before my wife left on FMLA) that if there were any layoffs that she would be the one to go since she had the least seniority. Do we have any legal recourse to pursue here? Thanks in advance for any help!


Greetings.

The following is a list of your rights and benefits as an eligible FMLA employee:

* 12 weeks of unpaid FMLA leave in a 12-month period.

* continuation of group health benefits during FMLA leave.

* restoration to the same or an equivalent job upon return to work.

* retention of accrued benefits.

* protection from discrimination as a result of taking FMLA leave.

Note: An employer may not take any adverse action against an employee for the taking FMLA leave; however, any personnel action/decision that would have happened if the employee had continued in a work status may happen while the employee is on FMLA leave.

Once you have reviewed your rights and benefits, we encourage you to review how to File a Complaint. Visit this website if you would like more info
Congrats on your baby and good luck!
http://www.dol.gov/elaws/esa/fmla/fc.asp
Sue

p.s.
To be eligible for FMLA, you must have been:

-employed by the employer for at least 12 months;
-employed at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave;
-employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite.

FMLA entitles eligible employees to up to 12 weeks of unpaid leave annually for serious health conditions or the birth or adoption of a child, and makes it illegal for an employer to refuse to reinstate or to discriminate against an employee who takes valid FMLA leave.

The FMLA does not confer benefits to which an employee would not be entitled had the employee not taken the leave. In other words, if your wife's company had been planning to lay her off prior to her leave, then they could lay her off regardless of the leave. However, it sounds as if the decision to lay her off came AFTER she was on leave and was made BECAUSE she was on leave which is discriminatory, thus putting the company in violation of the FMLA.

I have a question for you. :)

I am expecting, at about 4 months. My company is talking about doing lay offs or moving positions to different states.

How does that work if I'm in the middle of being pregnant and they lay me off for insurance? Will I still be covered? Will my insurance end? Will I have to pay tons of money for Cobra?

Anyone have any idea?

:)

Oh, I'm in Texas, not sure if it matters by state or not.

Laney, try not to piggyback on threads that over a year old. If you are laid off, you are eligible to continue your benefits under COBRA. Yes, it can be very expensive. They can't lay you off because you are pregnant. They can lay you off in spite of it.