Questions regarding maternity leave - Page 4

ROMARY · ‎04-28-2010

Isobel: I understand that point, too. Gee, this would be a very difficult dilemma for me, if i were in her situation. What to do.....what to do? I do believe that O/P will provide more information regarding the pregnant woman's maternity leave options at her present company. I'm sure there is an official list of rules and regulations (or whatever it's called) outlining maternity leave options. Also, a gov site, explaining what's available in her state, and how many employees are needed in the company, etc, etc. as mentioned in previous posts here. This is a very interesting thread, and I'm looking forward to reading more updates.

'More or less', 'Right or wrong', 'In general', and 'Just thinking out loud ' (as usual).

pggoody · ‎10-09-2010

I have a call out to hear back about the current company's maternity leave policy and benefits. Given the emotional and stressful roller coaster ride at the current company that employees have been on at this company the past several months is now of major concern. The woman is concerned for her well being and her baby. She's only been there since December and already has seen a restructure of bonuses ( promised at time of hire..... and now eliminated with the company's finanacial downward spin. Executives are asking employees to stick it out with hopes of turning things around by Sept. She's an exempt emloyee and is having to work many extra hours both on site and remotely. The stressful work conditions may out way the benefits of staying???? She does not have the luxury of not working.

itiswhatitis · ‎05-27-2016

Every bit of what I said about a woman going out on maternity leave is accurate. No one should concern themselves with this issue except the pregnant employee. All of those who would ~ are waisting their time. It's no different than falling ill and needing to take a leave. Actually it is better than that.

Who cares about others' needing to pick up the slack with one man down? Believe, your employer won't care when he wants to fire you. Neither the hiring company; it's boss or it's peers can do a thing about it. A woman has every single right to work and take her leave when she feels it necessary. If she plans on being a good mother ~ she won't care. It's life. People take leaves for myriad reasons and not just pregnancy. A woman should be treated no differently. It's mind boggling that so many women would shun their rights to please anyone other than themselves.

Furthermore, not granting such rights is called DISCRIMINATION. Women of child bearing age have rights in the work place. Thank goodness for that.

I hope the OP can relay this information to the friend. She has rights and yes it is ALRIGHT for her to want to take leave when it is time to have her baby and not give it another thought.

The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII, which covers employers with 15 or more employees, including state and local governments. Title VII also applies to employment agencies and to labor organizations, as well as to the federal government. Women who are pregnant or affected by pregnancy-related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

Title VII's pregnancy-related protections include:

Hiring
An employer cannot refuse to hire a pregnant woman because of her pregnancy, because of a pregnancy-related condition, or because of the prejudices of co-workers, clients, or customers.

The U.S. Equal Employment Opportunity Commission

I'm astounded by the way some view women of chld bearing age. As if they are tools to be used and treated with disregard without their most precious instincts given it's proper due. That is, the right to have children and have a job as well. I didn't plan on adding any factual info to this thread. I understand, however that sometimes you've got to make some sense......

*Call Tyrone*

itiswhatitis · ‎05-27-2016

@Isobel Archer wrote:
She doesn't have to tell them she is pregnanat - even if she knows - when she is interviewed. And they are not allowed to either ask her - or use that as a reason not to hire her (unless she is applying for a a job where she would be exposing her baby to harm.)

She would be eligible for FMLA just as any other person would who needed it once she is hired. She would be eligible for additional sick leave benefits based on longevity on the same basis as other employees

So legally her pregnancy cannot be used against her.

However, as noted, employers and coworkers are not automotons and have been known to react emotionally when they think they have been manipulated. As a former HR exec, I am well aware of the fact that the biggest reason people are fired is that the boss does not like them (often for legitimate reasons) and/or that coworkers dislike the person so much it makes the boss's life unbearable. Now of course that is never the reason given - and it is very easy to find another reason - and very difficult - and tme consuming - to prove that the actual reason is illegal.

If she is hired and then very quickly needs all sorts of accommodation for a condition that no matter what she says, people believe she knew about - and this occurs before she has had a chance to prove herself as a valuable member of the team - then yes there could be a bad outcome.

Unfortunately not everyone is excited and pleased about having to work extra hours to compensate for a new arrival who now needs extended leave - particularly if they have already been doing that for some time due to the vacancy and now expect relief. Of course, this could be the case with someone who suddenly had an accident or got sick, but again, even then if the person just arrived, the reaction might not actually be any better - human nature being what it is.

Yes employees have "rights," but when they impinge on and extract a cost from others, a sense that the situation is unduly "unfair" to those others can have an impact as well.

@Isobel Archer she doesn't have to tell her employer or she can tell her employer and she is PROTECTED under the Human Rights Act of 1964 (as Amended). A woman is not "infringing her rights" against other company peers when she has a baby. All such activity (retaliation and such) is illegal under the law. It is up to the EMPLOYER to make the necessary changes and delegate properly when they are short staffed. A soon to be mother should not worry about it.

*Call Tyrone*

NYC Susan · ‎03-13-2010

@Isobel Archer wrote:
She doesn't have to tell them she is pregnanat - even if she knows - when she is interviewed. And they are not allowed to either ask her - or use that as a reason not to hire her (unless she is applying for a a job where she would be exposing her baby to harm.)

She would be eligible for FMLA just as any other person would who needed it once she is hired. She would be eligible for additional sick leave benefits based on longevity on the same basis as other employees

So legally her pregnancy cannot be used against her.

However, as noted, employers and coworkers are not automotons and have been known to react emotionally when they think they have been manipulated. As a former HR exec, I am well aware of the fact that the biggest reason people are fired is that the boss does not like them (often for legitimate reasons) and/or that coworkers dislike the person so much it makes the boss's life unbearable. Now of course that is never the reason given - and it is very easy to find another reason - and very difficult - and tme consuming - to prove that the actual reason is illegal.

If she is hired and then very quickly needs all sorts of accommodation for a condition that no matter what she says, people believe she knew about - and this occurs before she has had a chance to prove herself as a valuable member of the team - then yes there could be a bad outcome.

Unfortunately not everyone is excited and pleased about having to work extra hours to compensate for a new arrival who now needs extended leave - particularly if they have already been doing that for some time due to the vacancy and now expect relief. Of course, this could be the case with someone who suddenly had an accident or got sick, but again, even then if the person just arrived, the reaction might not actually be any better - human nature being what it is.

Yes employees have "rights," but when they impinge on and extract a cost from others, a sense that the situation is unduly "unfair" to those others can have an impact as well.

Great post. I agree 100%.

itiswhatitis · ‎05-27-2016

@NYC Susan wrote:
@Isobel Archer wrote:
She doesn't have to tell them she is pregnanat - even if she knows - when she is interviewed. And they are not allowed to either ask her - or use that as a reason not to hire her (unless she is applying for a a job where she would be exposing her baby to harm.)

She would be eligible for FMLA just as any other person would who needed it once she is hired. She would be eligible for additional sick leave benefits based on longevity on the same basis as other employees

So legally her pregnancy cannot be used against her.

However, as noted, employers and coworkers are not automotons and have been known to react emotionally when they think they have been manipulated. As a former HR exec, I am well aware of the fact that the biggest reason people are fired is that the boss does not like them (often for legitimate reasons) and/or that coworkers dislike the person so much it makes the boss's life unbearable. Now of course that is never the reason given - and it is very easy to find another reason - and very difficult - and tme consuming - to prove that the actual reason is illegal.

If she is hired and then very quickly needs all sorts of accommodation for a condition that no matter what she says, people believe she knew about - and this occurs before she has had a chance to prove herself as a valuable member of the team - then yes there could be a bad outcome.

Unfortunately not everyone is excited and pleased about having to work extra hours to compensate for a new arrival who now needs extended leave - particularly if they have already been doing that for some time due to the vacancy and now expect relief. Of course, this could be the case with someone who suddenly had an accident or got sick, but again, even then if the person just arrived, the reaction might not actually be any better - human nature being what it is.

Yes employees have "rights," but when they impinge on and extract a cost from others, a sense that the situation is unduly "unfair" to those others can have an impact as well.
Great post. I agree 100%.

@NYC Susan it's wrong though.....

However, as noted, employers and coworkers are not automotons and have been known to react emotionally when they think they have been manipulated. As a former HR exec, I am well aware of the fact that the biggest reason people are fired is that the boss does not like them (often for legitimate reasons) and/or that coworkers dislike the person so much it makes the boss's life unbearable.

The above ^^^^^ is illegal.

Now of course that is never the reason given - and it is very easy to find another reason - and very difficult - and tme consuming - to prove that the actual reason is illegal. It's not hard to determine if a woman is pregnant and then took a leave of absence. It is, however much more difficult to prove, race and age discrimination though.

If she is hired and then very quickly needs all sorts of accommodation for a condition that no matter what she says, people believe she knew about - and this occurs before she has had a chance to prove herself as a valuable member of the team - then yes there could be a bad outcome.

*Call Tyrone*

NYC Susan · ‎03-13-2010

@itiswhatitis wrote:
@NYC Susan wrote:
@Isobel Archer wrote:
She doesn't have to tell them she is pregnanat - even if she knows - when she is interviewed. And they are not allowed to either ask her - or use that as a reason not to hire her (unless she is applying for a a job where she would be exposing her baby to harm.)

She would be eligible for FMLA just as any other person would who needed it once she is hired. She would be eligible for additional sick leave benefits based on longevity on the same basis as other employees

So legally her pregnancy cannot be used against her.

However, as noted, employers and coworkers are not automotons and have been known to react emotionally when they think they have been manipulated. As a former HR exec, I am well aware of the fact that the biggest reason people are fired is that the boss does not like them (often for legitimate reasons) and/or that coworkers dislike the person so much it makes the boss's life unbearable. Now of course that is never the reason given - and it is very easy to find another reason - and very difficult - and tme consuming - to prove that the actual reason is illegal.

If she is hired and then very quickly needs all sorts of accommodation for a condition that no matter what she says, people believe she knew about - and this occurs before she has had a chance to prove herself as a valuable member of the team - then yes there could be a bad outcome.

Unfortunately not everyone is excited and pleased about having to work extra hours to compensate for a new arrival who now needs extended leave - particularly if they have already been doing that for some time due to the vacancy and now expect relief. Of course, this could be the case with someone who suddenly had an accident or got sick, but again, even then if the person just arrived, the reaction might not actually be any better - human nature being what it is.

Yes employees have "rights," but when they impinge on and extract a cost from others, a sense that the situation is unduly "unfair" to those others can have an impact as well.
Great post. I agree 100%.
@NYC Susan it's wrong though.....

However, as noted, employers and coworkers are not automotons and have been known to react emotionally when they think they have been manipulated. As a former HR exec, I am well aware of the fact that the biggest reason people are fired is that the boss does not like them (often for legitimate reasons) and/or that coworkers dislike the person so much it makes the boss's life unbearable.
The above ^^^^^ is illegal.

Now of course that is never the reason given - and it is very easy to find another reason - and very difficult - and tme consuming - to prove that the actual reason is illegal. It's not hard to determine if a woman is pregnant and then took a leave of absence. It is, however much more difficult to prove, race and age discrimination though.

If she is hired and then very quickly needs all sorts of accommodation for a condition that no matter what she says, people believe she knew about - and this occurs before she has had a chance to prove herself as a valuable member of the team - then yes there could be a bad outcome.

In an at-will state, it's legal to fire anyone for any reason. It also depends on whether or not the employee has a contract. It's not as simple as "The above is illegal."

@Isobel Archer clearly has a lot of experience, and she articulated some important points very nicely, IMO.

itiswhatitis · ‎05-27-2016

@NYC Susan wrote:
@itiswhatitis wrote:
@NYC Susan wrote:
@Isobel Archer wrote:
She doesn't have to tell them she is pregnanat - even if she knows - when she is interviewed. And they are not allowed to either ask her - or use that as a reason not to hire her (unless she is applying for a a job where she would be exposing her baby to harm.)

She would be eligible for FMLA just as any other person would who needed it once she is hired. She would be eligible for additional sick leave benefits based on longevity on the same basis as other employees

So legally her pregnancy cannot be used against her.

However, as noted, employers and coworkers are not automotons and have been known to react emotionally when they think they have been manipulated. As a former HR exec, I am well aware of the fact that the biggest reason people are fired is that the boss does not like them (often for legitimate reasons) and/or that coworkers dislike the person so much it makes the boss's life unbearable. Now of course that is never the reason given - and it is very easy to find another reason - and very difficult - and tme consuming - to prove that the actual reason is illegal.

If she is hired and then very quickly needs all sorts of accommodation for a condition that no matter what she says, people believe she knew about - and this occurs before she has had a chance to prove herself as a valuable member of the team - then yes there could be a bad outcome.

Unfortunately not everyone is excited and pleased about having to work extra hours to compensate for a new arrival who now needs extended leave - particularly if they have already been doing that for some time due to the vacancy and now expect relief. Of course, this could be the case with someone who suddenly had an accident or got sick, but again, even then if the person just arrived, the reaction might not actually be any better - human nature being what it is.

Yes employees have "rights," but when they impinge on and extract a cost from others, a sense that the situation is unduly "unfair" to those others can have an impact as well.
Great post. I agree 100%.
@NYC Susan it's wrong though.....

However, as noted, employers and coworkers are not automotons and have been known to react emotionally when they think they have been manipulated. As a former HR exec, I am well aware of the fact that the biggest reason people are fired is that the boss does not like them (often for legitimate reasons) and/or that coworkers dislike the person so much it makes the boss's life unbearable.
The above ^^^^^ is illegal.

Now of course that is never the reason given - and it is very easy to find another reason - and very difficult - and tme consuming - to prove that the actual reason is illegal. It's not hard to determine if a woman is pregnant and then took a leave of absence. It is, however much more difficult to prove, race and age discrimination though.

If she is hired and then very quickly needs all sorts of accommodation for a condition that no matter what she says, people believe she knew about - and this occurs before she has had a chance to prove herself as a valuable member of the team - then yes there could be a bad outcome.
In an at-will state, it's legal to fire anyone for any reason. It also depends on whether or not the employee has a contract. It's not as simple as "The above is illegal."

@Isobel Archer clearly has a lot of experience, and she articulated some important points very nicely, IMO.

Sure, that's what she says @NYC Susan. However, the law is the law. Go read it for yourself at EEOC. I have "experience as well." If you doubt what I say go read and learn......

*Call Tyrone*

Isobel Archer · ‎04-04-2015

OK her current job is too stressful for a healthy pregnancy. She has been offered this other job.

Here is what I would do. I would tell them I am pregnant. As noted, it would be difficult legally for them to retract the offer on that basis.

Then, once on the job, I would work very hard to quickly learn the new job and to ingratiate myself with my coworkers - especially, but not limited to, anyone who would have to pick up the slack when I went on leave. I would also offer to take on any tasks I could to help others - again especially those who would be helping me.

While on leave, I would try to stay in touch and even offer to work at home if possible to alleviate the stress on others.

Now I know I would have the "right" not to do any more than the minimum required on my job - but if I wanted to keep the job - and to have a harmonious environment - that's what I would recommend.

Isobel Archer · ‎04-04-2015

@itiswhatitis wrote:
@NYC Susan wrote:
@itiswhatitis wrote:
@NYC Susan wrote:
@Isobel Archer wrote:
She doesn't have to tell them she is pregnanat - even if she knows - when she is interviewed. And they are not allowed to either ask her - or use that as a reason not to hire her (unless she is applying for a a job where she would be exposing her baby to harm.)

She would be eligible for FMLA just as any other person would who needed it once she is hired. She would be eligible for additional sick leave benefits based on longevity on the same basis as other employees

So legally her pregnancy cannot be used against her.

However, as noted, employers and coworkers are not automotons and have been known to react emotionally when they think they have been manipulated. As a former HR exec, I am well aware of the fact that the biggest reason people are fired is that the boss does not like them (often for legitimate reasons) and/or that coworkers dislike the person so much it makes the boss's life unbearable. Now of course that is never the reason given - and it is very easy to find another reason - and very difficult - and tme consuming - to prove that the actual reason is illegal.

If she is hired and then very quickly needs all sorts of accommodation for a condition that no matter what she says, people believe she knew about - and this occurs before she has had a chance to prove herself as a valuable member of the team - then yes there could be a bad outcome.

Unfortunately not everyone is excited and pleased about having to work extra hours to compensate for a new arrival who now needs extended leave - particularly if they have already been doing that for some time due to the vacancy and now expect relief. Of course, this could be the case with someone who suddenly had an accident or got sick, but again, even then if the person just arrived, the reaction might not actually be any better - human nature being what it is.

Yes employees have "rights," but when they impinge on and extract a cost from others, a sense that the situation is unduly "unfair" to those others can have an impact as well.
Great post. I agree 100%.
@NYC Susan it's wrong though.....

However, as noted, employers and coworkers are not automotons and have been known to react emotionally when they think they have been manipulated. As a former HR exec, I am well aware of the fact that the biggest reason people are fired is that the boss does not like them (often for legitimate reasons) and/or that coworkers dislike the person so much it makes the boss's life unbearable.
The above ^^^^^ is illegal.

Now of course that is never the reason given - and it is very easy to find another reason - and very difficult - and tme consuming - to prove that the actual reason is illegal. It's not hard to determine if a woman is pregnant and then took a leave of absence. It is, however much more difficult to prove, race and age discrimination though.

If she is hired and then very quickly needs all sorts of accommodation for a condition that no matter what she says, people believe she knew about - and this occurs before she has had a chance to prove herself as a valuable member of the team - then yes there could be a bad outcome.
In an at-will state, it's legal to fire anyone for any reason. It also depends on whether or not the employee has a contract. It's not as simple as "The above is illegal."

@Isobel Archer clearly has a lot of experience, and she articulated some important points very nicely, IMO.
Sure, that's what she says @NYC Susan. However, the law is the law. Go read it for yourself at EEOC. I have "experience as well." If you doubt what I say go read and learn......