Making up time missed while on disability??

[Rebecca]

I was removed from work 6 weeks prior to giving birth by my doctor due to swelling (disability insurance covered this) and then had my 6 weeks of maternity leave after my daughter was born (still covered by the same disability insurance claim). I was away from work for a total of 12 weeks. I returned to work a few days before my 2 year work anniversary and recently discovered that they have pushed my "anniversary" date 3 months from July to October because I have to "make up" the 3 months that I was off. This means that I do not get my yearly sick days until October when my new anniversary date takes effect. However, they are going to give me my yearly review any day now (performance reviews are done around your anniversary while pay reviews are done in January). To me this makes no sense. They don't feel the need to give me my yearly benefits because I was gone for 12 weeks having a baby, but they can review my performance for this time frame??? I would think my performance review would be done in October as well since according to their theory, I haven't completed the year yet. Is this legal under California Labor Laws? Can they short change my benefits and tell me I have to "make up" the time I missed because I was on maternity leave? They also told me (in January of this year) that I will most likely not get a raise next January (2005) because I will have missed time from this year due to my having a baby and being on leave. Is this also legal? Thank you for your input.

[LConnell]

Yes, it is legal, so long as they are doing that for everyone who takes a leave...not just those who are on leave due to maternity.

Let me know if you have additional questions.

[Rebecca]

Thanks...but what about telling me 1 year in advance that I will not get a raise because of the time off? Is that legal?

[LConnell]

Yes, it is legal...as long as they are not giving you the raise based on illegal discrimination. So, if others who are on leave are treated the same...no matter what the reason for their leave, it is probably not discrimination. Your employer is in compliance.

The same is true for change in raise policy, unless you have a binding contract/employment agreement that prohibits such changes. (This may be in the form of a Collective Bargaining Agreement or an individual employment agreement.)

Where is it documented that you were promised a raise? In an offer letter? In your employee handbook? If so, are disclaimers in place which state that the employer may change policies? If not, you may have a legitimate claim to pursue.

Let me know if you have additional questions.