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I work for a small business, in Texas; we have less than 35 employees.
A former employee is wanting her old job back. She left about 2 years ago for another line of work. The owner is interested in hiring her back. She told him in the interview that she just found out that she is pregnant. SO, we are looking at about 7+/- months of work from her before she takes her maternity leave.
If I am understanding the FMLA correctly, she needs to have worked 12 months in order to be eligible for FMLA. She COULD add what time she had worked in the past with our company to be eligible if the total is 12 months or more......right?
BUT since we have less than 50 employees within a 75 mile radius, it does not apply anyway......right?
Our employee handbook states: "Full-time (35 hours a week) employees will receive six (6) weeks of paid at 75% of their bi-weekly salary in maternity leave. However, "the employer" requests the employee return to work in a full-time position for at least one year prior to leaving. "The employer" will work with the employee to hold their position open while the employee is on maternity leave, but if an extended maternity leave is required and day to day operations of the business are affected, the position may be filled."
My question is: When the newly pregnant re-hired employee signs this, is it LEGAL & binding? Can we really hold her to staying employed here for a full year after the baby is born? Can we withhold part of her maternity leave pay until she completes her 1 year obligation with us? Is there anything that we can have her sign that would obligate her in anyway to stay for a full year when her maternity leave is up? Is there anything else that we can do to insure our interests?? Or do we agree with a hand-shake and hope that it all works out??
Thank you!!
A former employee is wanting her old job back. She left about 2 years ago for another line of work. The owner is interested in hiring her back. She told him in the interview that she just found out that she is pregnant. SO, we are looking at about 7+/- months of work from her before she takes her maternity leave.
If I am understanding the FMLA correctly, she needs to have worked 12 months in order to be eligible for FMLA. She COULD add what time she had worked in the past with our company to be eligible if the total is 12 months or more......right?
BUT since we have less than 50 employees within a 75 mile radius, it does not apply anyway......right?
Our employee handbook states: "Full-time (35 hours a week) employees will receive six (6) weeks of paid at 75% of their bi-weekly salary in maternity leave. However, "the employer" requests the employee return to work in a full-time position for at least one year prior to leaving. "The employer" will work with the employee to hold their position open while the employee is on maternity leave, but if an extended maternity leave is required and day to day operations of the business are affected, the position may be filled."
My question is: When the newly pregnant re-hired employee signs this, is it LEGAL & binding? Can we really hold her to staying employed here for a full year after the baby is born? Can we withhold part of her maternity leave pay until she completes her 1 year obligation with us? Is there anything that we can have her sign that would obligate her in anyway to stay for a full year when her maternity leave is up? Is there anything else that we can do to insure our interests?? Or do we agree with a hand-shake and hope that it all works out??
Thank you!!
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