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Old 03-22-2019, 07:43 PM
 
7,962 posts, read 9,710,285 times
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Quote:
Originally Posted by jc718 View Post
The company laid off two other bosses within the department while I was on disability. Half of my workload was gone. This company knew they were going to get rid of the other two. They chose not to disclose when. They certainly could have. I'm not saying that just for me but for the morale in the office as a whole. The vibe that was once fun turned to something very depressing.

.

So, you expected the company to tell everyone that Boss 1 and Boss 2 are getting let go on Day X? That doesn't happen...regardless of your morale expectations.
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Old 03-22-2019, 09:29 PM
 
9,266 posts, read 11,832,154 times
Reputation: 14525
Quote:
Originally Posted by jc718 View Post
Regardless I'm looking for another job. I just wanted to know if the pay cut was legal if they did offer another position.
It all depends on what the company would have done had you not been on PFL. Job protection under both PFL & FMLA is in play as if you were still at work, but only to the extent that what would have happened while you were at work still applies to while your not at work. If the company normally would offer an employee still at their desk a new job in a different department with less salary, it's legal under both FMLA and PFL to offer you the same when you return. If they normally would assign you to another area but with same pay and benefits, they would also have to do the same for you when you return off FMLA or PFL. So, the question is, had you not been on PFL, what would they have done with you as a matter of normal procedures/polices?
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Old 03-22-2019, 10:21 PM
 
Location: Somewhere that cost too much
380 posts, read 211,535 times
Reputation: 206
Quote:
Originally Posted by spencgr View Post
So, you expected the company to tell everyone that Boss 1 and Boss 2 are getting let go on Day X? That doesn't happen...regardless of your morale expectations.
They told everyone when they laid off the first two in November...then asked them to stay till end of December. So yeah it does happen.
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Old 03-23-2019, 06:27 AM
 
1,092 posts, read 1,273,637 times
Reputation: 737
dispute, but likely your employer will use non-pregnancy reasons for demoting you

FMLA/pregnancy discrimination claims are difficult to win cause loopholes and the law works against women (why reputable lawyers don't take em). They can demote you for downsizing and consolidating business. Employers can fire you or lay you off during maternity leave if it has nothing to do with your pregnancy. What they can't do is fire you because you are taking maternity leave.

Thats all FMLA protects you from.

No you see the problem and why maternity leave is still an issue 30+ years later?
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Old 03-23-2019, 07:33 AM
 
6,623 posts, read 3,748,154 times
Reputation: 13693
Quote:
Originally Posted by jc718 View Post
I am currently on Paid Family Leave and was told that when I return but to work (May) my department will no longer exist. My boss is being laid off and any work I was doing for him is being transferred to another office.

I was told that there "might" be an Executive Assistant position but the company would reduce my pay. This past January the company gave out pay raises and I received one.

If they don't find me an EA position they will lay me off.

My legal question is for regarding the job change and pay rate...Is it legal for a company to offer someone a position when they come back from maternity leave at a lower pay rate?

Thanks
Legal. Esp in your case, since it would've happened, anyway, whether you were on leave or not, sounds like.

You're lucky you still have a job. It seems like they have made an effort to secure you a job, at least for the time being.

"Paid" family leave is not under the federal "family leave" law, since that is not paid leave. Sounds like you were gone under your health ins. and company's short term disability benefits. There are no assurances under law, when you go on disability leave, as far as I know.
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Old 03-23-2019, 07:37 AM
 
6,623 posts, read 3,748,154 times
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Quote:
Originally Posted by Maddie104 View Post
there are two distinct situations that apply to job restoration while on leave.

1) If you go on FMLA and your position is not eliminated but for whatever reason the company decides they cannot hold the posotion open for you, you must be restored to a comparable position upon return.

2) If you go on FMLA and your department/position is eliminated while on leave, you should be treated as though you were there at the time the job was eliminated. So, if you would have been laid off, then you can be laid off while on leave with no job guarantee. FMLA does not afford you greater protections than you would have been entitled to had you not been on leave. So, in this case, you may be offered another available job at the salary commensurate for the job or be laid off -- if this is how you would have been treated if you were not on leave.

LIMITATIONS TO FMLA PROTECTIONS

An employee on FMLA leave is not protected from actions that would have affected him or her if the employee was not on FMLA leave. For example, if a shift has been eliminated, or overtime has been decreased, an employee would not be entitled to return to work that shift or the original overtime hours. If an employee is laid off during the period of FMLA leave, the employer must be able to show that the employee would not have been employed at the time of reinstatement.


Companies cannot disclose these things in advance of the actual business decision.
She was out on short term disability leave. Not FMLA.
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Old 03-23-2019, 07:51 AM
 
Location: Tennessee
23,581 posts, read 17,567,761 times
Reputation: 27672
This just sounds like a downturn in the business
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Old 03-23-2019, 08:44 AM
 
Location: Nescopeck, Penna. (birthplace)
12,351 posts, read 7,508,813 times
Reputation: 15950
Since the restructuring involved an entire department, and did not represent an attempt to reduce your individual duties, pay and prestige as a result of parenthood, I doubt that you have much of a case, but the dynamics of daily life are impelling you toward a less-stimulating existence, and this is recognized by the power structure in which you now have fewer options.

To at least some degree, most of us pursue higher education in the belief that it will permit less tedium and unnecessary structure in our daily working lives -- and there is no stage of life that allows for more personal freedom (and free time) than our undergraduate years. But we soon find out that not only do most entry-level positions involve "holding our noses to the grindstone", but that most advancement through the "Korporate" pyramid involves forcing those unwanted duties downward onto our underlings; an effective supervisor knows how to get the thankless, time-consuming, unwanted jobs done -- by somebody else. And it looks like a change in your work/life balance makes you a candidate to be that somebody in this case.

Last edited by 2nd trick op; 03-23-2019 at 09:54 AM..
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Old 03-23-2019, 08:58 AM
 
Location: Somewhere that cost too much
380 posts, read 211,535 times
Reputation: 206
Thanks again, everyone.
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Old 03-23-2019, 10:13 AM
 
812 posts, read 212,547 times
Reputation: 1355
Quote:
Originally Posted by bpollen View Post
She was out on short term disability leave. Not FMLA.
FMLA can be used for one's own serious health condition -- which may be paid or unpaid. So, a company can designate short-term disability leave as FMLA. Many companies designate the pregnancy disability period as FMLA so disability period and family leave period combined is limited to 12 weeks annually. Company policy can be more generous but not less than FMLA.

The real issue is that the OP has state family leave and state regulations would prevail whether state leave runs concurrently with FMLA.

Posters please read regs from the Department of Labor web site.


https://www.dol.gov/whd/fmla/
Overview

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

Twelve workweeks of leave in a 12-month period for:
the birth of a child and to care for the newborn child within one year of birth;
the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
to care for the employee’s spouse, child, or parent who has a serious health condition;
a serious health condition that makes the employee unable to perform the essential functions of his or her job;
any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

(Q) Is my employer required to pay me when I take FMLA leave?

The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period. An employee must follow the employer’s normal leave rules in order to substitute paid leave. When paid leave is used for an FMLA-covered reason, the leave is FMLA-protected.

Last edited by Maddie104; 03-23-2019 at 10:43 AM..
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