Vanity - Wife laid off while on maternity leave. Opinions wanted.

[motohockey]

No, what I meant was that she won't let me take our daughter to play golf with me yet.
I want to get a child safety seat for the golf course and take Claire with me.
I think Claire can start early, since she is already trying to crawl by dragging her head on the ground.

[marajade]

why didn't she do it before she was laid off?

[RepubMommy]

Can you give a bit more information about the situation? I'm on maternity leave as well, but I have seniority, so it would be very hard for them to get rid of me.

[motohockey]

Claire was born six weeks early which through off all planning such as whether to request the FMLA leave.

[JoeSixPack1]

Opinions wanted.

Sue everybody. Heck, just because you had a baby doesn't mean your employer, the US Gov't, the United Way, the UN, FEMA, DOT, PSC, PUC, OSHA, Dept of Children & Families, and probably even the girl scouts & the Rainbow coalition all gotta owe you something.

How dare your employer try to have full time working employees.

[marajade]

I know you have to had worked some thousand hours or so before qualifying... did she?

[motohockey]

I was waiting for that type of response and am only suprised it took 20 plus posts. I respect your opinion and must admit suing anyone is not something I take lightly.
I don't feel owed anything by anyone and I know my wife will find a better job. Also, notice my first thought was to ask for opinions and not immediately call a lawyer.

Thanks,

[motohockey]

She had much more than the required of 1,250 hours.

[JoeSixPack1]

Well, you do sound like you can handle it and I do hope you can provide a loving home. Congratulations on your blessing.

Hang tough, it's a long way to 18. :-)

[JoeSixPack1]

Well that's great. BUD.

The request was for opinions. Read it again.

[Guenevere]

I guess I don't understand.....if they let your wife go, but paid her accordingly

....and if your daughter is on your insurance plan and there's no problem, etc...

..why can't your wife stay home with Clair and you support them?

What is the problem here?.....My daughter is doing just that....and they finally have the long awaited baby they hoped and prayed for.

[motohockey]

All kidding aside, at this point we will need both incomes to pay off all of our student loans and still make the mortgage payments.
Hopefully in a few years one of us can stay home full time.

[Experiment 6-2-6]

See a lawyer who practices in your jurisdiction and SPECIALIZES in employment or family leave law.

Most do not charge for an initial consultation.

Asking for legal opinions on free republic is asking for trouble..

That's my legal advice for the day.

[Harmless Teddy Bear]

So she did not request it.

Did you file any FMLA paperwork afterwords? Your doctor should have been able to sign the forms without hesitation in the case of a early birth.

You should file for FMLA as soon as you know that you are pregnant. You don't have to take it but in cases like your wife's it does provide legal protection that she may not have now.

[motohockey]

One thing was that layoff's were the furthest thing from our mind.
Also we are / were not aware of any type of paperwork / requirement to "opt in" for the FMLA leave. We thought that this was a family friendly organization but were blindsided.

[Harmless Teddy Bear]

In that case bud you are up a legal creek.

Yes you do have to file the FMLA paperwork before you take the time off. Otherwise it is just an unpaid leave of absence and they can require you to come back to work or terminate you and you have no recourse.

In case of an emergency you should file as soon as possible.

It has nothing to do with being "family friendly" but it has everything to do with treating all employees the same.

How can you not have been aware of the FMLA paperwork requirement? It should have been covered in either the employee handbook or in a handout given by the company.

[Guenevere]

Hopefully in a few years, one of us can stay home fulltime.

I respectfully submit that in a few years, Claire will be out of babyhood, and those precious days of bonding will be long gone....

..My son in law is still paying off his student loans, and he and my daughter have a mortgage....not a huge mortgage, mind you, because they bought small and not new....

Daughter wouldn't trade being home with her sweet baby for all the tea in China.

Money is tight, recreation is limited, perks are few for them....

..but this baby is well nurtured and content, and delights them endlessly.

[motohockey]

I am starting to think from speaking with my wife that this layoff may be the policy of the company so they are "treating all employees the same" .
Thanks.

[Harmless Teddy Bear]

It maybe company policy to lay off employees who don't file for FMLA paperwork but take extended leaves of absences.

Usually you need to notify the company within two business days of your taking the leave and have filed your paperwork with in 15 business days.

Have you talked to HR at all during this time?