I am extremely in a bad situation. Currently the company I am working for and have worked for since 4/13/05 is giving me the run around. February 1st 2006 I emailed my supervisor questioning my job security once I left for maternity leave with the following email.

I was concerned about my position here at ********. Is there any reason that I have to think that I might not have a job after I leave to go on Maternity leave or sooner? I would really like an honest answer because if that is the case I need to start preparing for what is going to happen afterwards. I have just heard word that ******* is going to be taking over the recruiting and staffing and that would take away from part of what I do. I am just concerned and it is easier on me to ask about things than to get stressed out over them. Thanks for your time.

Well I did not get an immediate response or a emailed response. My supervisor then approached me in the late afternoon after everyone had left my office but her and I. She started by asking "Are you sure you want to return after the baby is born? You already have one child and the daycare expenses are going to be outrageous!" I then advised her that I don't make bad money and until I figure out what else I can do such as part time evening or so on, I have no choice but to work, we can't live on one paycheck. She then goes on by stating that she can guarantee my employment up until the day I take leave, which by due date is 4/8/06. Five days from my 12 mths mark. Then she said that she is unable to guarantee my employment after my leave cause she feels her and the other girls can absorb my duties. That is where that particular conversation ended. She then approached me by phone approximatly 10 minutes after our conversation verifying with me that I did not misunderstand her and think I was for sure not going to have a position when I was ready to return.

I was deeply upset by the conversation that was had between her and I so I felt it was my duty to go up to the next person in my chain of command the Owner, and this was the email I sent him due to he was always in and out of the office.


I was wondering if I could speak with you concerning a conversation that went on between ***** and I on Friday. I am quite concerned about what was said and would like to consult you. If you could please get back with me at your earliest convenience I would appreciate it. Thanks for your time and consideration.

I sent that message once on the 6th and then again on the 8th. I received no direct response from him either. On Feb 9th again after the building was vacant except for my supervisor and I she approached me at my desk again. She advised that the owner had spoken to her concerning my email, and that she felt if I had a problem with her I should bring the concern to her not the owner. I advised her that it was not a problem I had with her but one that I had with the situation I was being put in. That was the end of the conversation and I was again deeply upset by the demeanor in her tone.

I then received an email reply immediatly after that conversation from the owner stating the following.


Stephanie,


After visiting with ***** I understand your concerns surrounding your return to your job. As she probably mentioned to you we are not going to bring a temp into to fill your role, we are going to try to handle the job duties internally.

With that said, I think that ***** was uncomfortable guaranteeing that you would have a job upon your return. Obviously, we want your maternity leave to be as easy as possible and we don’t want you to stress about your job. Unfortunately, If our business doesn’t pick up the possibility exists that in the future we won’t have enough work to keep you busy. While we hope that is not the case she wants you to be aware of the situation. If that were to occur we will obviously try and help you to secure employment with one of the companies that we work with. That is the business that we are in!

Hope this helps to ease your mind…

My question is if I am that close to qualifying for FMLA can I not just take regular leave until the 13th and then start FMLA from that point?
I then responded to the owner concerning the conversation that Linda had with me.

I thank you for responding to my concern; however I did not expect to be confronted by ***** after your conversation with her. It was a very uncomfortable situation. I don’t appreciate her demeanor during her confrontations with me, it tends to take effect on the work that I perform and I feel there are better ways to approach lower level staff. She asked that I approach her with any problems that I have with her, but I tend to get a negative response from her when I do. I see your point as to why she could not guarantee my position, and I respect that I just would have liked to have been informed earlier to my approaching her about the situation. Thanks for your consideration on my question.


Please help me what do I do.

I am not sure what you want us to tell you. While you can't be terminated for taking FMLA, you can be terminated if business conditions change or would dictate that you be let go in spite of your leave.

It is a good idea to be cautious before you go over your supervisor's head as it does send a certain message. If you weren't sure about what the meaning behind her message was, the proper thing to do would be to talk to her about it. Particularly since she called you to clarify the situation and thought you understood. I don't see where anyone is retaliating against you and it sounds like they are willing to do their best to work with you even though the future is a bit uncertain. Most companies would be leary to promise someone they will always have a job or that they will be employed at some future point, FMLA or not. This is doubly true when the business is going through difficult times.

My question is if I am that close to qualifying for FMLA can I not just take regular leave until the 13th and then start FMLA from that point? Because your leave qualifies under FMLA and the employer has a legal obligation to count it as such.

EDITED TO ADD: Oops. Missed the part where you've been there less than a year and your one-year anniversary will occur just after your due date. Theoretically, you could take other leave first and then go into FMLA. On the other hand, it does sound like the company is having financial difficulties and, as the previous poster noted, can't guarantee job security for anyone.