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"New Policy" makes new Mom's return to work impossible Maryland Maine Maryland

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  • "New Policy" makes new Mom's return to work impossible Maryland Maine Maryland

    I just came across this site after trying to search out answers. I'm really happy to see something like this around.

    At any rate, we live in MD. My wife is/was a commission-based sales rep in Baltimore, based out of our home. She began with the company last June, and we found out a month and a half later that she was pregnant. Three months into the pregnancy, she was ordered to go on bedrest, thus going on disability for the remainder of her pregnancy.

    Our daughter was born March 12 and my wife was due to return April 23. Two days before she was due to resume full-time employment, her boss explained that a new policy had been enacted for Baltimore reps only, requiring them to report to the home office just south of Annapolis, about an hour and a half commute from where we live in Northern Baltimore County. They said that this new policy was because of turn-over in the area, but I can't help but feel that as a new Mom who had been on disability my wife was viewed as a liability and conditions were created to make working there impossible.

    Do we have any recourse in the matter? I read this on another forum:

    "Upon return to work after taking FMLA leave, the employee is entitled to be restored to the same or equivalent job. Equivalent means virtually identical to the employee's former position in terms of pay, benefits and working conditions, including privileges, perquisites and status.
    Equivalent job means:

    At the same or geographically proximate worksite.

    At the same pay, same shift, and same opportunity for bonuses, profit sharing, etc. If the employer granted a pay increase while the employee was on leave, (e.g., cost of living increase) the employee is entitled to the increase. "

    Any information is greatly appreciated.

  • #2
    If I read your post correctly she started in June of 07, correct?

    If so she would not have been there long enough for FMLA protection.
    "Pluralitas non est ponenda sine neccesitate'' - Sir William of Ockham, a.k.a. Ockham's Razor


    • #3
      Additionally, even if FMLA did apply, she was out for twice the maximum length of time FMLA protects, so she would have no further protections when she did return.

      If she was out for six months after only three months of employment, quite frankly she is lucky she has any job at all to return to. Not many employers would have held her job that long after such a short tenure.

      Finally, not even FMLA protects her from a change that would have been enacted regardless of her leave or not. They didn't implement this policy just for her to punish her for taking FMLA - it's affecting all the reps and would have gone into effect whether she took FMLA or not. Therefore, being on FMLA would not have protected her from this change.
      Last edited by cbg; 04-27-2008, 11:27 AM.
      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.


      • #4
        FMLA doesn't apply as the other responders noted. The Pregnancy Discrimination Act (applies to employers with 15 or more employees) would not apply because she was not discriminated against because of her pregnancy. She just has to be treated like all other employees & was since the change applied to all Baltimore reps not just her. Sorry.
        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.


        • #5
          There is nothing in state law that would prevent this either. It isn't a fun commute for sure, but it isn't so onerous that she would have no choice but to quit either. She can give it a try and look for something else closer to home in the meantime.
          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.


          The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.