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Q: Does This Seem Right?!?! Or Legal?
asked by: KariM18 on May 11th, 2004
Extremely eHealthy
Ok.. I talked to my work yesterday.. Ive been there for 90 days now.. 3 months... Anyhow.. I plan on leaving for maternity leave of course at the end of july.. Well, I talked to my boss yesterday and she said that what they do, is the week b4 u leave, u fill out ''termination papers''.. So your no longer hired.. Then when your ready to return, you get re-hired..... So I was like "so I am gauranteed a position when I come back right?" and she said "no your not garunteed a position, but im like 100% positive that u will get re-hired and im sure we will have a spot for ya, just call me a week or 2 in advance.".. Now, im sure all will be fine because one of my best friends moms is a supervisor there and she helped me get in and im in the top stats there, but I mean, what if I wasnt friends with her, does this seem right to be able to do this? I mean.. I need that garentee! I cant be off 6 weeks, then call to 'get my job back' and have them tell me they have no openings for a month or something! Normally, u get half pay, and take family leave or whatever.. But see, thats after uve been part of 'minacs' for 6 months. When u first get hired in, you start with the company called 'bartech'.. Then after 6 months u get excepted into minacs...But I guess in order to get real 'maternity leave' half pay, u have to be minacs for 6 months. (i work for gm service parts by the way) anyhow.. What do you think? Im definitly looking into this!
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insurancegirl
replied on May 12th, 2004
Extremely eHealthy
Arrow
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nikki_caro
replied on May 12th, 2004
Extremely eHealthy
Yeah that does not sound legal at all. A job is a job no matter how long youve been there, I think. Ok I just read our poster and its called the employment and housing act. And it said the law requires you to be allowed to have up to four months leave for illness, pregnacy, maternity or childbirth. Let me see what else it says...

The family and medical leave act requires the emplyer to give them the equivelant or same position back

you should read the posters at your work, they are required to have them and they have numbers of where to call to get info on it. You might have to have been workin there for 6 months though im not sure. Check the posters.
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smith8500
replied on May 12th, 2004
Especially eHealthy
Hey
Refuse to sign the papers girl! Then make them fire you! You will have one hell of a lawsuit, but not if you sign those papers! Fight girl! Fight
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KariM18
replied on May 12th, 2004
Extremely eHealthy
Well I think it seems wrong too. I talked to another supervisor there (candice.. My friends mom) and she said not to worry. .They always hire people right back after maternity leave... My dad said not to worrry and continueto do as well as I am and I will have nothing to worry about. I dont wanna start court stuff ya know. .But it does seem unfair. All I want is to know 100% that I have my job when I am back.It would be stupid of them not to give it back, im tthe top person there in all my stats and im new~! Not to brag, but im just saying ya know? I dont know.. I am going to talk to a few more people about it. I know its not legal once ur there 6 months.. But it wont quite be 6 months. It will be 5 1/2........ Mad in the laws ive read on it, it says at least 6 months...
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gypy04
replied on May 13th, 2004
Experienced User
I think according to the f.M.L.A they have to hold your position or give you an equivalent up to 12 weeks after. This is the law. Don't let them pull this over you. Stand up for yourself... But anything after 12 weeks they no longer have to hold... Good luck kari!!
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linuxChique
replied on May 18th, 2004
Extremely eHealthy
gypy04 wrote:
i think according to the f.M.L.A they have to hold your position or give you an equivalent up to 12 weeks after. This is the law. Don't let them pull this over you. Stand up for yourself... But anything after 12 weeks they no longer have to hold... Good luck kari!!


this is only true for employers who employ 50 or more employees within a 75 mile radius. Also - the employee in question has to work at least 1250 hours per year - about 60% of a 40 hour work week.

Family medical leave act hotline: 1-800-522-0925.
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