Can my work do this to me?

[katie]

This is my first pregnancy and with twins. On my last dr appt. I was put on a half day work day -- so I would now work 4 hours Monday thru Friday in the clinic at a school in Florida. Seems like my work or those in the HR dept. say it's all or nothing... In my case, it's work 8 hours or go on a forced maternity leave. Since I have a doctor's note stating I can only work half days of 4 hours, the lovely folks in the HR dept. told me to consider Friday my last day (and I had to ask permission to complete the last hour and a half or else I would have been exiting at 10am.)

I'm really upset how this whole thing has gone down. It's bad enough to feel fat, not be able to see your toes anymore, to be moody, but now to take away my job, my career, it has knocked down my ego some. If I am able and willing to work 4 hours, why take that away from me???

I provided work with a note from my dr that states clearly I can work part time. Now work has told me that I need a note from my dr that she needs to write that she's putting me on leave. I told them "She isn't putting me on leave, she put me on part time." They told me that if I don't get this note from my dr saying what they want it to say, they will take away my insurance. This whole thing is just not fair... can anyone help?

[LConnell]

How long have you worked full-time for your employer? The reason I ask is that the federal Family and Medical Leave Act (FMLA) provides for leave of up to 12 weeks per year for persons who have worked for their current employer for at least one year and who have worked at least 1,250 hours in that year. FMLA only covers employers with 50 or more employees in a 75 mile radius. If you and your employer are covered by FMLA, then you are able to take the leave intermittently, such as in 4-hours periods every day until the time when your 12 weeks is used.

Another possibility is if your employer is treating your case differently than others who may need to be on light duty and the reason for the difference is because of discrimination on the basis of pregnancy.

If you don't qualify for FMLA and it isn't discrimination, you don't have any other recourse for time off and job protection.

[katie]

I've been with them 3 years now... They have well over 50 employees.

So does this automatically mean that I and they should be covered by FMLA? And if so, then if I am understanding this correctly, I would have 12 weeks covered thru FMLA -- so at 40 hours a week times 12 weeks = 480 hours. I should be able to deduct 4 hours a day (or 20 hours a week) from that 480 hours of leave I have coming to me until either the hours run out or I go on maternity leave on my own due to issues relating to my pregnancy or my dr's orders to go on bed rest or whatever... Is that accurate?

I appreciate your time in this.

[LConnell]

Yes, if you are a full-time employee. Your employer is required to notify you of your FMLA rights and you must complete the necessary forms, etc., for it to occur. You can read more about FMLA at: http://www.dol.gov/esa/regs/compliance/whd/whdfs28.htm

Keep in mind that the FMLA will apply to your maternity leave. Unless your employer has special provisions, the total amount of time must not exceed 12 weeks.

[katie]

In regards to them saying if I don't get my dr to provide a note stating I am to go on a leave of absense or else my insurance will be stopped -- can they do this?

Nobody at my work has mentioned anything to me about FMLA... How possible is it that nobody on any rank of the ladder is aware of this law? Do you think they are hoping I don't know about it and in turn will just do as they say? Should I mention it to them?

At this point I'm tired of talking and want to consult with someone local who knows all about this sort of thing. I just don't want to sign any paper and figure out later that maybe I shouldn't have signed anything...

[LConnell]

I would bring up FMLA to your employer's HR department, or whomever handles personnel issues. Ask them about your rights to FMLA.

Under FMLA, they must continue your benefits while you are on leave. It is well worth your time to pursue it.

[katie]

Thank you so much for you time and knowledge on the very important matter to me. I appreciate your input very much.