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no job for me to come back to.. Arkansas California

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  • no job for me to come back to.. Arkansas California

    Hello all i have a few questions...i went on intermittent leave for a short period and then returned to full duty. I then went into the hospital for preterm labor. Dr suggested i get on bed rest if i wanted to keep this baby. So i did on aug 29th...i kept weekly and monthly updates. I had my baby in nov and i adviced my work that i was planning to return feb 8th. That would complete my 12 week leave (6 wk recovery, 6wk pfl). I then got a message that because i took intermittent leave earlier in my pregnancy that by jan 23rd that my protected leave would be over. But if i wanted to take an extra 2 wks i had to get approval. I sent an email to my boss and said that i needed to extra2 wks. This was on the13th of dec..i heard back frm him todayand he said he would approve it.. but basicly said with the changes in management that they did away with my position and that there wasnt of full time job for me to come back to...no postion...at this point i dont know what to think..i have to call back on feb 6th to see if anything comes up. ..really

    Questions...
    How do they calculate intermited leave in ca?
    And is the intermited leave taken with fmla or cefra?

    Your insight really helpful..


    Ps..i have contacted a lawyer..cus i dont think thats right..i'll know thursday if i have a case
    Last edited by richieinca; 01-24-2012, 08:06 PM.

  • #2
    Which State do you work in? Arkansas or California?

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    • #3
      California..srry dont know why it did that

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      • #4
        Do you qualify for CFRA leave?

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        • #5
          Yes i do...

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          • #6
            Originally posted by richieinca View Post
            Yes i do...
            Then your TOTAL job protected time is 4 months and 12 weeks. In CA, we have Pregnancy Disability Leave in addition to CFRA bonding time. The intermittent leave you took early on will count toward your PDL time. After you were released from disability by your doctor, that is when your 12 weeks of CFRA time kick in. Without knowing how much intermittent leave you took early on, I can't say when your protected leave time would have ended.

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            • #7
              Originally posted by Endeavor View Post
              Then your TOTAL job protected time is 4 months and 12 weeks. In CA, we have Pregnancy Disability Leave in addition to CFRA bonding time. The intermittent leave you took early on will count toward your PDL time. After you were released from disability by your doctor, that is when your 12 weeks of CFRA time kick in. Without knowing how much intermittent leave you took early on, I can't say when your protected leave time would have ended.
              Well my protected leave ended on jan 23rd..i got approved for a 2 week extension. But i didnt hear anything back till yesterday. But in the covo frm yesterday he did say that with metaking leave they had to split my duties. Then he said, since we did that we eliminated ur postion. There isnt a full time job for you to come back to. There isnt any for you.

              Also..how do they calculate ur use of intermited leave
              Last edited by richieinca; 01-25-2012, 09:16 AM.

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              • #8
                Originally posted by richieinca View Post
                Well my protected leave ended on jan 23rd..i got approved for a 2 week extension. But i didnt hear anything back till yesterday. But in the covo frm yesterday he did say that with metaking leave they had to split my duties. Then he said, since we did that we eliminated ur postion. There isnt a full time job for you to come back to. There isnt any for you.
                If they calculated it correctly, and your leave time really did end on Jan 23rd, you must have taken about 2 months worth of intermittent leave before you went on bed rest. Does that sound right?

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                • #9
                  Originally posted by Endeavor View Post
                  If they calculated it correctly, and your leave time really did end on Jan 23rd, you must have taken about 2 months worth of intermittent leave before you went on bed rest. Does that sound right?

                  Sounds about right...i would like to see there caculations and how the kept track of my intermited days..sometimes it was for a few hrs a day.

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                  • #10
                    Originally posted by richieinca View Post
                    Sounds about right...i would like to see there caculations and how the kept track of my intermited days..sometimes it was for a few hrs a day.
                    Yes, they would have counted any time off as PDL. Assuming you did in fact exhaust your leave time, you no longer have reinstatement rights under PDL/CFRA and they should treat you the same as any other employee returning to work from leave. If they eliminated your position as a legitimate business decision unrelated to your leave, that is a valid defense to reinstatement.

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                    • #11
                      If your position was eliminated for business reasons, you are out of luck as far as job restoration. You can't be returned to a job that no longer exists. While they could not eliminate your job because you took protected leave, they can eliminate it for business reasons in spite of the fact that you took leave. Unfortunately, in this economy, more and more businesses are having to eliminate positions. Are they offering you any job? Is there a vacant position you can apply for?
                      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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                      • #12
                        Originally posted by Endeavor View Post
                        Yes, they would have counted any time off as PDL. Assuming you did in fact exhaust your leave time, you no longer have reinstatement rights under PDL/CFRA and they should treat you the same as any other employee returning to work from leave. If they eliminated your position as a legitimate business decision unrelated to your leave, that is a valid defense to reinstatement.

                        Well i did pull my time sheets and i used 51.50 hrs of intermited leave. Then in aug 1st my dr let me come back full duty. Then on aug 29 mydr took me out of work. So im not sure how they calculate it but ..those are the numbers. So do u think i would have a liget case? Also that number includes dr visit ..
                        Last edited by richieinca; 01-25-2012, 09:59 AM.

                        Comment


                        • #13
                          Originally posted by ElleMD View Post
                          If your position was eliminated for business reasons, you are out of luck as far as job restoration. You can't be returned to a job that no longer exists. While they could not eliminate your job because you took protected leave, they can eliminate it for business reasons in spite of the fact that you took leave. Unfortunately, in this economy, more and more businesses are having to eliminate positions. Are they offering you any job? Is there a vacant position you can apply for?
                          As far it being a business desion i dont know. But before i did go on leave we were going through a full faclity and managment restructure. But i had my review before i went on leave and they made it seem that they were going to restructure my position for the better s when i return it could be better. And thats in writing on my review...but they arent even offering me any position..at all.

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                          • #14
                            an other ?

                            No could they find an open position only to turn around and ffire me?

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                            • #15
                              Originally posted by richieinca View Post
                              Well i did pull my time sheets and i used 51.50 hrs of intermited leave. Then in aug 1st my dr let me come back full duty. Then on aug 29 mydr took me out of work. So im not sure how they calculate it but ..those are the numbers. So do u think i would have a liget case? Also that number includes dr visit ..
                              PDL hours are counted based on your normal working hours. So, if you work full time, 5 eight-hour days per week, you are entitled to 88 days of PDL, or 704 hours. If you used 51.5 hours of PDL prior to your full time leave in August, that would have left you with 652.5 hours. That would have brought you to about mid-November and then your 12 weeks of CFRA would kick in, bringing your protected time off to about mid-February. Assuming you do work full time, it looks like there may be a discrepancy on your leave. The other questions I would ask are: what date did you give birth? What date were you released from disability after the birth?

                              Comment

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