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I don't qualify for FMLA. Employer wants me to quit Pennsylvania

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  • I don't qualify for FMLA. Employer wants me to quit Pennsylvania

    I will have been working for 6 months when my baby is due so I won't qualify for FMLA. My employer wants me to quit and then reapply when I am discharged at which time they will rehire -- If my position is available... Are there any laws that protect me against having to leave my job since I don't qualify for FMLA?

  • #2
    If you had a broken leg, pneumonia, or needed back surgery, would they do the same thing?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Do not quit.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        "If you had a broken leg, pneumonia, or needed back surgery, would they do the same thing?"

        Short term disability follows FMLA... So, since I haven't been here for a year then it doesn't apply.

        "Do not quit."

        If I don't resign before I give birth then they will fire me since I won't have enough vacation/sick time to cover the 6 -8 weeks.

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        • #5
          Here's why I am asking.

          No, to answer your question, there are no laws that protect your job since FMLA does not apply.

          However, there is a law that says pregnancy cannot be treated differently than any other medical condition. So if a similarly situated employee who did not qualify for FMLA but who had one of the conditions I mentioned, or any other non-maternity medical condition, would be let go, then you can be let go. If they would not be let go, then you cannot.

          No law says that any of you could not be let go. The law says only that pregnancy cannot be singled out.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            As far as I know, the conditions listed would fall under short term disability. I figure they'd be ask to resign if they hadn't been here for a year as well.

            Oh well. Here's hoping I can find a job after those 6 weeks. Thanks for your help!

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            • #7
              Originally posted by Souris View Post
              "Do not quit."

              If I don't resign before I give birth then they will fire me since I won't have enough vacation/sick time to cover the 6 -8 weeks.
              Let them. Quiting never helps you. It only helps the employer.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                As far as I know, the conditions listed would fall under short term disability.
                Short term disability follows FMLA

                You do not understand Short Term Disability or FMLA. STD is an insurance benefit that provides you some income while you are medically disabled and unable to work. STD benefits have nothing to do with whether your employer has to provide any medical leave time. That's what the FMLA (Family and Medical Leave Act) does. Since you haven't been there for a year, you don't qualify for FMLA so your employer is free to require that you resign or they can fire you for being unavailable for work. If you'd like to be rehired when you're again available for work, then I suggest you make it easy on everybody and resign. You aren't eligible for unemployment benefits anyway.

                The only way they'd have to extend any leave time to you is if they have a practice of extending leave to other similarly situated employees (that means other employees they have who have been with the company for a similar length of time, have a similar class of occupation, etc.) for other medical reasons (such as the broken leg cbg mentioned) who required leave for a similar length of time.

                Got it now?

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                • #9
                  Or, to put it another way, FMLA is leave. STD is how you get paid while you are on leave.

                  FMLA offers job protection. STD does not.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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