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on mat leave, just laid off in California

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  • on mat leave, just laid off in California

    I'm currently on mat leave and was just laid off. My severance kicks in on Feb 13. Until then I'm considered an employee of the company. I was due to return from mat leave on Feb 9. I'm wondering if I can legally adjust my return date to sometime in January in order to take advantage of some additional pay before the severance kicks in.

    Note: all employees who were laid off today, while still on company payroll until Feb 13, are no longer allowed on company premises and have to return all software/hardware assets ASAP.

    Thanks in advance for any advice...have put a question into our HR folks but they are currently swamped and not responding quickly.

  • #2
    Let me see if I understand. Those who are currently working and were just laid off are no longer reporting for work, but receiving salary continuation until Feb 13. You had already been on appproved but unpaid leave until Feb 9 and want to declare yourself "returned to duty" to collect the salary continuation. You can ask but they do not have to grant it. You are on an approved leave and your employer is free to honor that, and dependng upon the type of leave, must honor that, until you are cleared to return. They do not have to pay you when you would otherwise not be working.
    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
      thanks!

      So if I understand correctly, it's really up to the employer to decide to allow me to a) adjust my mat leave return date in order to b) receive full pay until Feb 13 when severance officially kicks in. In which case, it probably would've been a good idea to adjust my mat leave return date prior to the layoffs in order to ensure I'd be eligible for a few more paychecks. As it stands, it's really the company's call and not something they are legally obligated to do.

      ****. Oh well. Thank you again.

      J

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      • #4
        How long have you been off on pregnancy leave? I assume you are/were off under the Ca. Pregnancy Disability Leave Act & receiving Ca. SDI while off due to pregnancy disability?

        Do/did you qualify for FMLA/CFRA (for bonding)? You might also qualify for PFL (Paid Family Leave) which isn't really leave but pays you while you are off on leave bonding with the baby. It offers no job protection (though you may have protection under FMLA/CFRA) - it just pays you an income for up to 6 weeks while off bonding. (or have you already used this 6 wks. of pay?)

        You can be laid off while on job protected leave if you would have been laid off had you not been on job protected leave which seems to be the case here. However, it seems they are keeping everyone on the books until 2-13.
        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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        • #5
          In the same boat

          I'm in the same boat. I was told that the 2 months of notification period starts after I return from my leave (this is from my manager and from the maternity seminar). Somehow, the HR folks told me a different story. The said my notification period starts on 12/10 and since I'm on leave, I get my severance pay after I return from my maternity leave.

          My question is who's right?

          Originally posted by jmeegan View Post
          I'm currently on mat leave and was just laid off. My severance kicks in on Feb 13. Until then I'm considered an employee of the company. I was due to return from mat leave on Feb 9. I'm wondering if I can legally adjust my return date to sometime in January in order to take advantage of some additional pay before the severance kicks in.

          Note: all employees who were laid off today, while still on company payroll until Feb 13, are no longer allowed on company premises and have to return all software/hardware assets ASAP.

          Thanks in advance for any advice...have put a question into our HR folks but they are currently swamped and not responding quickly.

          Comment


          • #6
            To dxcc -- given that severance is not required by law, the company can decide when to pay it. When they chose to do so is an internal matter.
            I am not able to respond to private messages. Thanks!

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            • #7
              Actually, I was wondering when the notification period starts. I was told that the notification (of 8 weeks) is required by CA labor law in this sort of lay offs.

              I was told that clock starts after I return from my leave. But now, they changed the story and told me that it actually started on 12/10 while I'm on my leave.


              Originally posted by Marketeer View Post
              To dxcc -- given that severance is not required by law, the company can decide when to pay it. When they chose to do so is an internal matter.

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              • #8
                Again, you're going to have to ask your employer to clarify what they meant. It's possible one or the other individual misspoke.
                I am not able to respond to private messages. Thanks!

                Comment


                • #9
                  Under WARN there is required amount of notice before a layoff if certain criteria are met, and CA has similar provisions. However, neither requires the notice be offset for those on leave. Notice is notice. Your time doesn't get extended because you are on leave.
                  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.

                  Comment

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