Tuesday, May 20, 2008

A Matter of Ethics

My youngest sister has a situation, and I'd like some input from my well-educated friends (okay . . . even from my not-so-well-educated friends).
Let me see if I can get this right (if not, sis, please correct me). When "Lucy" was pregnant, she informed her employer, "Back-Stabbers R-Us" that she and her husband, "Tim McGraw", were expecting their first child. The company didn't (and still doesn't) have a maternity leave policy, but was going to work on one.
Lucy and her direct supervisors had it all planned out: she'd go have a baby, be out of work for a few months, and then she would work from home as a full-time part-timer and still get medical insurance.
It's funny how things change in just a few months. Lucy, who checked in with her people all the time, was given a deadline to say yes or no to the "work at home" offer, which was approved by administration. The very next day, she was given a very different offer, even though she had already accepted a "previously approved position".
Needless to say, "they" (admin.) apparently were under the impression that she had quit when in fact everyone else knew she was on maternity leave.

How much do you guys know about the Pregnancy Discrimination laws, or the Family Medical Leave Act? Do you know anyone who's had a similar situation?

1 comment:

Titanium Spork said...

I talked to our HR guy and he had some information. If this is wrong blame me. He explained it all and I am trying to condense and translate. First FMLA doesn't apply if the employer has less than 50 employees. If they have more than 50 they would have needed to give her an FMLA notice in writing. They can't retro this so if they didn't do it before they can't go back and say "well your leave started back on Feb 1." They don't have to have her return to the exact same job but it does have to be comparable work and salary. It sounds like if she didn't get something in writing about part-time from home I don't think she has any legal grounds there. Our HR rep recommends she discuss this with the HR department at her job first but if that doesn't work to contact the US Dept of Labor as a last resort. He also offered to talk with your sis himself so he can figure out exactly what her rights should be. Val, if you want to send me your sister's name I can give you our HR guy's contact info and your sister can call him for advice. He is a really great guy.