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Denied FMLA?? Maryland

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  • Denied FMLA?? Maryland

    I am in the state of Maryland and have just read some information claiming that I could be denied FMLA leave. I am wondering if this is accurate. I read that if you are in the top 10% if the highest paid employees or that if your company can prove that they can not function for 6-12 weeks without you or someone else in your position that you can be denied. I fear that I meet both of these qualifications, and FMLA is the only maternity leave that my work offers. What option does this leave me after giving birth?

  • #2
    What about a personal leave of absence, at least for the birth and recovery? If you're that key of an employee, I would think the employer would at least discuss that option.

    Even if FMLA can be denied under the Key Employee exceptions, if the employer has at least 15 employees, you must be treated the same as any other similarly situated (although there might not be many of those) employee who needed the same amount of time off for a nonpregnancy related medical condition, such as cancer or a broken leg.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Actually, I believe they cant deny the leave but may not be able to reinstate you. That was one of the BLR HR questions in the last week or so. Let me go find that.
      I find that the harder I work, the more luck I seem to have.
      Thomas Jefferson

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      • #4
        Morgana, my info & understanding is the same as yours.
        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
          per US DOL:

          "Key" Employee Exception

          Under limited circumstances where restoration to employment will cause "substantial and grievous economic injury" to its operations, an employer may refuse to reinstate certain highly-paid, salaried "key" employees. In order to do so, the employer must notify the employee in writing of his/her status as a "key" employee (as defined by FMLA), the reasons for denying job restoration, and provide the employee a reasonable opportunity to return to work after so notifying the employee.
          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
            Thanks, Betty3 and Morgana.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Thank you for your answers. However, I am not sure being denied and not being reinstated would make much of a difference. Either way I have no job. As for a personal leave of absence, I am not sure that they would be willing, their cooperation is why I am afraid of being denied, or at this point, replaced while I am giving birth. Nonetheless, thank you for your help.

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              • #8
                Yes, but at least while you are on FMLA, you can continue your medical insurance at shared cost. The ladies corrected me that's it's just the reinstatement that may be denied.

                But have you discussed any of this with your employer? It's very possible that they will not take advantage of this exception. You very well may be worrying about nothing.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  Agree with Patty - talk to your employer so you know where you stand.
                  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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