Results 1 to 11 of 11

Thread: Unfair treatment for maternity leave? VA Virginia

  1. #1
    Junior Member
    Join Date
    Jun 2006
    Posts
    5

    Unhappy Unfair treatment for maternity leave? VA Virginia

    Here's the situation. I am currently 8 months pregnant and I have been talking with my HR manager about our maternity leave plan (STD). I was under the impression that because another co-worker who is currently on maternity leave was given 3 months that I would be extended the same amount of time. She informed me that I was intitled to only 6 weeks maternity leave as opposed to the 3 months given to another co-worker. When I inquired about how much time you got for vaginal/c-section deliveries she told me 6 weeks for vag. and 8 weeks for c-section. However, in our STD handbook it states that you are eligible for up to 13 weeks at 70% of your salary. I asked the co-worker currently on leave how she was able to get 3 months off and she said that she's working on a "modified schedule" and has not taken maternity leave. BTW, when I say maternity leave I do mean STD as we do not have a seperate maternity leave policy. Our handbook doesn't have a section for maternity and although I've sent them a request to explain in further detail I have yet to hear back from them (2days now). Can you tell me if what the company is doing is right/fair as far as letting one employee get basically 3 months and only allowing me 6 weeks? Thankfully I have accrued a weeks worth of time plus 2 floating holidays (2 days) so this will bring me to 7 weeks and 2 days.

    This may sound crazy but I'm hoping for a c-section in order to get more time off...I just don't think it's fair IMO for her to be allowed to work on a modified schedule and then only give me 6 weeks.

  2. #2
    Super Moderator
    Join Date
    Oct 2005
    Location
    Springfield, VA
    Posts
    3,569

    Post

    Under every disability insurance policy I've ever seen, you are only entitled to short-term disability for the period in which you are actually physically disabled. For just about every policy I've seen, that's six weeks for a vaginal delivery and eight weeks for a c-section. Believe me when I say that you do not want to have the pregnancy and delivery from which you would be disabled 13 weeks. That 13 weeks is in the employer's policy for illnesses that do cause that length of disability, i.e. major surgery.

    If you are eligible for leave under the Family and Leave Act, you are entitled to 12 weeks of unpaid leave with job protection. You are eligible for FMLA leave if:

    1. Your employer has 50 or more employees within 75 miles of your job site.
    2. You've worked for the employer more than one year.
    3. You've worked 1,250 hours in the past year.

    Because FMLA leave is, by definition, unpaid, employers can choose to provide short-term disability benefits to provide income protection for part of those 12 weeks. Employers can also require you to use any paid leave that you have available (vacation, sick leave, etc.) first as part of your leave under FMLA.

    There could be any number of reasons why working a modified scheduled is appropriate for some positions and not for others. No one here can comment as to why your employer has chosen to do so for this employee. If you are not eligible for FMLA leave, however, the employer's legal obligation is to treat you no differently than any similarly situated employee who needed six or eight weeks medical leave for a non-maternity condition.

  3. #3
    Super Moderator
    Join Date
    May 2005
    Location
    Massachusetts
    Posts
    37,592

    Default

    It's also time for my (almost daily) reminder that STD is NOT medical leave. It is income replacement WHILE you are on medical leave. The amount of time you are entitled to,and the number of weeks you are eligible to receive income replacement for, are not necessarily the same.

  4. #4
    Junior Member
    Join Date
    Jun 2006
    Posts
    5

    Default Thanks

    Very interesting...Thanks so much for your response to my inquiry! It can get quite confusing especially if you're not in the HR field to see what you can/cannot qualify for.

    Unfortunately we have under 50 employees and are unqualified for FMLA (I've looked into this).

    The girl who's on leave currently told me that this was to secure her position and so that they wouldn't have to hire a replacement. She was out of work for about 3-4 weeks and then began her modified schedule of working from home. BTW, she was also promoted during the 3-4 weeks she took after having the baby (I think this was to encourage her to stay with the company as she was unsure if she would be returning to work) I guess my concern in this dept. is the fact that the same courtesy isn't being extended to me. She is salaried and I am hourly, could this be a reason?
    Last edited by PlusOne06; 06-29-2006 at 01:26 PM. Reason: forgot something

  5. #5
    Super Moderator
    Join Date
    May 2005
    Location
    Massachusetts
    Posts
    37,592

    Default

    Yes, it could. It is legal to have different policies for exempt and non-exempt employees.

  6. #6
    Junior Member
    Join Date
    Jun 2006
    Posts
    5

    Default

    Quote Originally Posted by cbg
    Yes, it could. It is legal to have different policies for exempt and non-exempt employees.
    Interesting...It just seems to me that 6 weeks isn't nearly long enough to recover fully. I mean medically it may be but physically and emotionally it isn't IMO. 6 weeks is enough time for me to heal (vaginally), get the okay from my doc to resume normal activities and that's it. It doesn't however give me time to bond with my child or get used to the schedule that he will be on. Sorry to rant about personal things but being in this position has really gotten to me. The girl came in today with her baby to do some work and I feel like I won't get that time with my son like she does. Okay gotta go have a cry LOL

  7. #7
    Super Moderator
    Join Date
    Oct 2005
    Location
    Springfield, VA
    Posts
    3,569

    Post

    If she's working from home, she's also not on leave as you indicated in your original post. Some jobs lend themselves to working from home/telecommuting more readily than others.

  8. #8
    Junior Member
    Join Date
    Jun 2006
    Posts
    5

    Default

    Quote Originally Posted by Marketeer
    If she's working from home, she's also not on leave as you indicated in your original post. Some jobs lend themselves to working from home/telecommuting more readily than others.
    Well, that's just the thing! Under our "working from home" policy, you can only work from home once a quarter although she's been doing it EVERYDAY for almost 3 months. I know that the company would never allow me to do this as I'm just an Admin Asst. and she's a VP but it just doesn't seem fair to me no matter what her position is.

    I've come to the conclusion that I'll just have to deal with it and get off as much as possible although I really don't like this idea. As with most jobs you like some things you don't like others. This is one of those things that's really rotten!

  9. #9
    Senior Member
    Join Date
    Jul 2005
    Posts
    31,876

    Default

    Excuse me for stating the obvious, but being a VP is a perfectly legitimate reason for treating her differently than they are treating you.

  10. #10
    Junior Member
    Join Date
    Jun 2006
    Posts
    5

    Default

    Quote Originally Posted by Pattymd
    Excuse me for stating the obvious, but being a VP is a perfectly legitimate reason for treating her differently than they are treating you.
    That may be true but she was given that promotion AFTER the fact. I know that she's a VP and she's intitled to "perks" but shouldn't everyone be treated the same when it comes to something like maternity leave?

  11. #11
    Moderator
    Join Date
    Jan 2006
    Location
    MD
    Posts
    14,387

    Default

    Actually, no. Whether she was promoted before, during or after is immaterial. She is a VP and it is quite common to permit or even require executives to work from home or extend leave in different ways. Fair is subjective. She may think it unfair that she has to work from home after just 3 weeks while juggling a newborn and you are getting 6 weeks off duty free. The grass is always greener on the other side.

Similar Threads

  1. Judge Harry L. Carrico of Virginia
    By Sam Sloan in forum Small Claim Court
    Replies: 1
    Last Post: 05-11-2006, 06:09 AM
  2. FMLA Leave and termination in Virginia...
    By vaturkey in forum Disability Leave Laws
    Replies: 5
    Last Post: 12-18-2005, 07:36 AM
  3. Stress leave or Family leave??
    By chndll71 in forum Workers Compensation Laws
    Replies: 1
    Last Post: 12-17-2004, 08:22 PM
  4. Maturnity Leave In Va
    By REBECCA03 in forum Disability Leave Laws
    Replies: 1
    Last Post: 11-01-2004, 01:16 PM
  5. Holiday leave switched for sick leave.
    By kraven in forum Wage & Hour Laws - Minimum Wage Laws
    Replies: 1
    Last Post: 10-05-2004, 11:07 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •