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Is this legal? Disability/Family Leave

 
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amother




Plum


Post  Tue, Jun 12 2018, 11:21 am
Can an employer call you while on disability & family leave and hint to you that you should take your entire 16 weeks instead of coming back after the 12 plannee to take off? (12 is plenty!)

I got such a call and then was tried another one - basically tried telling me my position is only 10 months out of the year but in reality I was hired for a yearly job/12 months.

Legally they can't force me to take all 16 weeks or change my role while on disability from my understanding, especially if they aren't offering to compensate that time they "don't need me back"

Am I wrong here?
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tichellady









  


Post  Tue, Jun 12 2018, 11:25 am
I’m not a lawyer but I am pretty sure you are right. It’s your choice to take leave, not theirs
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amother




Cerulean


Post  Tue, Jun 12 2018, 11:48 am
You should check with a lawyer. Some states are at will states.
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amother




Black


Post  Tue, Jun 12 2018, 11:50 am
Family leave can be taken within in the year after a birth/stillbirth. It is a three month period. And that is your choice.
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Amarante









  


Post  Tue, Jun 12 2018, 12:20 pm
Legally you are entitled to take as much or as little of the time as you want without retribution.

However, unfortunately, employers do have a way of making an employee's life miserable while still being technically legal.

It's like gender or age discrimination - difficult to prove that you didn't get a job or weren't promoted Sad
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debsey









  


Post  Tue, Jun 12 2018, 12:24 pm
amother wrote:
Can an employer call you while on disability & family leave and hint to you that you should take your entire 16 weeks instead of coming back after the 12 plannee to take off? (12 is plenty!)

I got such a call and then was tried another one - basically tried telling me my position is only 10 months out of the year but in reality I was hired for a yearly job/12 months.

Legally they can't force me to take all 16 weeks or change my role while on disability from my understanding, especially if they aren't offering to compensate that time they "don't need me back"

Am I wrong here?


Legally they can't. But it's not actionable because they didn't demand, just hinted.

But they can make you miserable all sorts of ways. (Legally....)

You have to decide - what's the battle and what's the war.
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amother




Plum


Post  Tue, Jun 12 2018, 12:38 pm
Right so about the hint, that doesn't bother me much if I stand my ground. It's more about when I come back on the date I originally agreed to, will they even give me something to do it compensate me and let me go home? I have work to do but they trying to claim otherwise to obviously save themselves paying an extra few weeks.
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Amarante









  


Post  Tue, Jun 12 2018, 12:41 pm
It depends how stupid they are. If they immediately punish you after coming back from the leave, you would have an easier case to prove that they are unlawfully retaliating against you. If they are smarter, they would wait a bit to make your life miserable so that it is more difficult to prove cause and effect.
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amother




Azure


Post  Tue, Jun 12 2018, 12:46 pm
amother wrote:
Can an employer call you while on disability & family leave and hint to you that you should take your entire 16 weeks instead of coming back after the 12 plannee to take off? (12 is plenty!)

I got such a call and then was tried another one - basically tried telling me my position is only 10 months out of the year but in reality I was hired for a yearly job/12 months.

Legally they can't force me to take all 16 weeks or change my role while on disability from my understanding, especially if they aren't offering to compensate that time they "don't need me back"

Am I wrong here?


Family leave is for 12 weeks. What 16 week benefit are you referring to?
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amother




Plum


Post  Tue, Jun 12 2018, 1:35 pm
amother wrote:
Family leave is for 12 weeks. What 16 week benefit are you referring to?


8 weeks disability and then another 8 paid family leave.
Planned to take 4 week disability and then the 8 paid family
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amother




Silver


Post  Tue, Jun 12 2018, 1:39 pm
As far as I know (NY and NJ) it's 6 weeks disability and 6-8 weeks Family Leave. (6 in NJ, 8 in NY) If you're only taking some, you should take the full disability, because that expires after 6 weeks, and the PFL can be taken for a full year after the baby is born.
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amother




Lemon


Post  Tue, Jun 12 2018, 1:41 pm
Quote:
Family leave is for 12 weeks. What 16 week benefit are you referring to?


Different states/countries have different amount of time.
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amother




Azure


Post  Tue, Jun 12 2018, 1:42 pm
amother wrote:
As far as I know (NY and NJ) it's 6 weeks disability and 6-8 weeks Family Leave. (6 in NJ, 8 in NY) If you're only taking some, you should take the full disability, because that expires after 6 weeks, and the PFL can be taken for a full year after the baby is born.
paid family leave just started in January 2018, jut googled it.
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amother




Silver


Post  Tue, Jun 12 2018, 2:10 pm
amother wrote:
paid family leave just started in January 2018, jut googled it.

Yes I know. And it's for 8 weeks, following disability. - this is for NY.
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bestme









  


Post  Tue, Jun 12 2018, 2:32 pm
I know someone that after she came back from leave after having a baby, she worked for a week. After the week, her company said that they are restructuring the company and her position is no longer available. She was out of a job. It was perfectly legal what her company did.
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amother




Plum


Post  Tue, Jun 12 2018, 7:21 pm
bestme wrote:
I know someone that after she came back from leave after having a baby, she worked for a week. After the week, her company said that they are restructuring the company and her position is no longer available. She was out of a job. It was perfectly legal what her company did.


If they didn't want me back they probably would do this but they claim they do (and in all honesty they need me) so wouldn't be worth their while. If they firng they should and I'll collect unemployment... But they aren't.
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amother




Chocolate


Post  Tue, Jun 12 2018, 9:10 pm
why don't you call your local free legal advice hotline? most areas have a radio show, legal school, and/or some kind of free legal support service. They can give you answers regarding the legalities. Unless there are lawyers on imamother who specialize in employment law, you are unlikely to find your answers here.
Hatzlacha!
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