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Termination phone call while on Maternity Leave California

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  • Termination phone call while on Maternity Leave California

    I am currently on maternity leave and received a phone call from my HR department informing me I was going to be terminated. They stated I had exceeded the 12 weeks disability allowed in one year and was able to reapply when I was ready to come back.

    I had one other surgery in the past year, not pregnancy related, and was out for 6 weeks with a doctors note. I have been on maternity leave for 4 weeks. Are they able to do this?

    I have contacted my manager to see if this was something she should have called me about or made me aware of BEFORE I went on maternity leave. I have not received a phone call back stating whether or not I have a job to return to. My manager claims she didn't know about this issue and the HR Department did this without her knowledge. They mentioned me taking a leave of absence. Can they make me take a leave of absence if I have not used up all of my maternity leave?

    Thank you for your help

  • #2
    Under FMLA you get 12 weeks of protected leave per year, not per incident. If you took 6 weeks within the same 12 month period for something else, then you only have 6 weeks to use now. The clock doesn't reset because you had another qualifying illness.

    While your employer should have indicated to you that you had previously used 6 weeks of FMLA and what this means to you now, the penalty for not doing so is not that you get an extra 12 weeks.

    Right now I'd suggest working with your employer to determine what exactly their intentions are. I'm not sure who the "they" is that recommended the LOA but you can inquire about that option with them.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Specific to CA is the Pregnacy Disability Leave that you should look into. FMLA can run concurrent with this but CFRA (which is the state version of FMLA) can not

      Comment


      • #4
        OP only used 10 of the 12 weeks.
        Please no private messages about your situation.

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        • #5
          I saw that yesterday where she said she was off work for 6 wks. due to surgery & 4 wks. due to maternity leave. (10 wks.) Since she said she was told she used up her 12 wks. of leave, I was thinking she might have also been out for something add'l.

          CAMCAL - would you please verify how many wks. you were out for the year & the reasons. Was it just the 10 wks. you mentioned or were you also out for something other which made you go over the 12 wks.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            I was off for 6 weeks beginning April of this year for a non-pregnancy surgery. I returned to work when the doctor released me and left for maternity leave when I had my baby. To date, I have been out for 4 1/2 weeks maternity leave.

            My HR department is who suggested taking a leave of absence.

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            • #7
              OP - did you meet the requirements for fed. or state Fam. Med. leave?

              In Ca. most female employees can take up to 4 mos. of leave for childbearing & pregnancy related disability (subject to med. certification that an actual disability exists) under the Fair Employment & Housing Act. The fed. FMLA & the state act are generally in alignment except in Ca. a woman can take a 4-mo. pregnancy disability leave followed by a 3-mo. fam. med. leave. This is the rare circumstance when leave under the FMLA & Ca. Fam. Rights Act don't run concurrently--FMLA leave will run concurrently with the 4-mos. of pregnancy disability leave, after which the Fam. Rights Act rights can be invoked for an add'l. 3-mo. leave.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment

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