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working while on maternity leave Maryland

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  • working while on maternity leave Maryland

    We have an employee who is on maternity leave; however she is coming in for staff meetings and doing some work from home. She is a non-exempt employee. I instructed her supervisor to just put the time worked on her timesheet and her leave would not be deducted for this amount. There is not a problem with her "working" like this during her maternity leave is there?

  • #2
    As long as the employee is willing to do so and she's paid for the time, no it's not a problem. If the employee objects, then this is a problem. Employees are entitled to "non-interrupted" FMLA leave.

    her leave would not be deducted for this amount. Just to be clear, you may not include this time worked towards her FMLA entitlement. I think that's what you're saying but just wanted to be sure. If she works a total of 40 hours (for example), then she must be provided with another 40 hours of FMLA leave (whether with this leave or for future entitlement.)

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    • #3
      Just a question - is she collecting STD benefits?

      If she's not, then Beth's answer stands. If she is, you need to look to the STD policy. On some STD policies, the first time she picked up the phone or turned on the computer to do anything work related, she would no longer be eligible for STD.

      There's nothing ILLEGAL about it, as long as she is in agreement with it. But it could affect her STD benefits.
      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.

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      • #4
        Agree though you didn't come right out & say she was on FMLA leave -
        just maternity 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.

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        • #5
          cbg's reply wasn't there when I started typing mine - I was agreeing with Beth's info
          re FMLA if it applied.
          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


          • #6
            No she is not on STD. And I understand that the time worked would not count against her FMLA leave if she were on FMLA leave. She is only on maternity leave. She is only working because she insists on it. She is a very conscientious employee and wants to keep up with things.

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            • #7
              I don't want to beat a dead horse here, but maternity leave and FMLA are not mutually exclusive. Is she not on FMLA because you do not have enough employees? Because she has not worked there long enough? Because she did not work enough hours?
              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.

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              • #8
                She is not on FMLA as she did not complete the paperwork. We had an old policy that stated that you must use your leave before being eligible for FMLA leave - our previous CEO would not listen to me that this was against the law! So we are now in the process (he has left) of getting rid of that policy. So she is using her sick leave of which she has plenty.

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                • #9
                  Just so long as you (and your next CEO) understand that she still has the full 12 weeks to use. If you're not allowing her to use it now, she still has all the time to use later, and no one can come back and say, You took maternity leave so you can't use your FMLA.
                  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.

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                  • #10
                    Yes, we understand that. we are in the process of fixing the policy as I don't believe that it is legal to tell an employee that they can't have FMLA leave until they use their leave. If they meet the requirements and we as a company meet the requirements - it is Federal Law, then we have no option then to give them FMLA. It is for our protection as well as theirs.

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                    • #11
                      You're absolutely right!!!
                      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.

                      Comment

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