Questions regarding maternity leave - Page 6

Mominohio · ‎08-08-2010

@itiswhatitis 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.
@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.

This isn't about her right or who's business it is.

She has a defined set of rights. But there is so many things that fellow employees and employees could do that either wouldn't violate her rights or be hard to prove why they were done,that could make her job miserable.

People who feel they were deceived (bosses or coworkers) aren't always going to be fair or mature or kind or helpful. Most people don't do their job in a vacuum. They have to be able to have at least a minimal level of cooperation with others in the workplace.

She is under no obligation to share her status, but it would be the right (And the smart)thing to do to do her part in getting off on the right foot in the new place.

Mominohio · ‎08-08-2010

@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......

How do we still not understand that this isn't about the law.

People get around the law all the time in the workplace.

If she truly can show up and deal with the fact that everyday some people will be out to get her,go out of their way to thwart her succeeding, and undermine her success,then she might take the risk and not come forward with this information.

Doesn't sound like a pleasant way to begin a new job or pleasant way to begin motherhood. The thought of dealing with the stress it might bring would steal the joy of the impending birth and the special bonding joy of being a new mother.

It would seem the adult and honest thing to do would be to discuss it with management prior to employment. But we seem to be more concerned with rights than the reality of how this could actually play out in the real world for her.

As long as she understands both her rights and the possibility of how some people may respond/retaliate she will be making a more informed decision.

ECBG · ‎01-08-2011

I interviewed and transfered to a new school three countys away and I was 5 months pregnant. I told the principal during the interview, and assured him I was a career teacher. Since it was a state job, my insurance went with me, which would of course, be a major consideration.

Mominohio · ‎08-08-2010

@itiswhatitis wrote:
@Isobel Archer wrote:
@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......
Then I'm sure you also know these cases can take months to years to litigate - during which time you would be unemployed. Good luck with that.
Yes, sometimes they can and sometimes they don't. You should read the latest results (stats) at EEOC for 2016 @Isobel Archer. Most grievances were "retaliation", which too is against the law. You can't get mad at someone who brings a complaint against you to EEOC and then retaliate. That's the crux of it where sex (pregnancy discrimination) occurs.

I believe all women should support one another for matters such as this in the work place. Women are the back bones of our society and under no circumstances should they be treated differently because they carry the child. It hurts me to hear other women lower other women to nothing but a pair of hands in the work place as though they have no right to procreate (but should be more concerned with their jobs). It's hard enough for women wearing all these hats to begin with.

I'm team #women.....

I'm #fairness

It isn't fair to the company or other workers to fill a position and let people think you are part of a team, knowing you will be throwing a monkey wrench into the staffing almost immediately after hire.

What is right to assume that people may have to alter their schedules, workloads, maybe vacations and plans with their families because of a new hire that couldn't be forthcoming from the beginning. Just not the most mature way to begin the relationship.

Doing the right thing is more important than what one is just legally obligated to do

chrystaltree · ‎05-10-2010

@Sooner wrote:
Another consideration: Aside from the law and what is legal, how would your new employer and fellow workers feel about it? It might make for not-so-great a work atmosphere afterward if people were resentful of your taking the job and then them having to take up the slack.

OP's daughter will get many months of work in before she starts to show and everyone knows she's pregnant. She'll be fine. There won't be any resentment. Now, if she was one of those women....and I have encountered several.....who takes a job and two months later announces that's she 7 months pregant....ohhhh.....resentment does not begin to cover it. That type of thing does not go over well with co-workers or supervisors. They don't get paid maternity leave but we have to hold their jobs open for the 13 weeks of maternity leave which means that other people have to do their jobs. And then we have to retrain them when they come back to work.

Stray · ‎04-20-2013

@pggoody wrote:
My daughter is in her late 20's and I know the laws on maternity leave have changed since I had her. In addition, I imagine that they vary state to state. That being said, I have a friend that was asking my opinion about whether I thought it was a good idea if her daughter accepted a new job offer knowing she is in her early stages of pregnancy. ( 4 weeks) She applied not knowing she was pregnant. Her current work situation is not good at her current job, but now being pregnant she realizes she may need to stay. And of course she does not want to share her news to this possible new employer. We live in California.
I read somewhere ( and maybe it applied just to Ca) that to qualify for maternity leave a woman had to have worked 1250 hours or 1 year with a company prior to going out on maternity leave.
So my questions to anyone that might have faced a similar situation .......
* is there a required length of employment prior to applying?
* when do you let HR know you are pregnant?
If anyone faced anything similar, or has any information to offer..... Please share.

Thank you.

@pggoody- i believe you are talking about the FMLA which is a federal program and supersedes state....she must be employed 1 yr, work over 1,250 hours and the Company must employ over 50 people within 75 mi....that's 12 weeks of leave....it doesn't have to be paid; that would be determined by the Company's leave/absence policy which usually is in compliance with State guidelines....

Stray · ‎04-20-2013

@jaxs mom wrote:
If depends on what specific issue you're concerned with? FMLA is unpaid. CA has state disability that covers pregnancy and birth. The coverage used to be 4 weeks before your due date through 6 weeks postpartum for a normal vaginal birth, it's longer for a c-section or if their were complications.

In CA it's illegal to fire someone because they're pregnant but good luck proving that was the reason in court.

@jaxs mom- FMLA can be paid or unpaid, it depends on the Company policy. My Company chose to pay for two weeks before, 6 weeks after and 8 for a CS. If you had a pregnancy related complication, it was paid medical leave depending upon your accrual of time based on years of employment and pregnancy leave started delivery date. So 8-10 weeks post delivery.

Stray · ‎04-20-2013

@pggoody wrote:
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.

@pggoody- either place she is not covered by FMLA and she will not have acquired much sick time in six months....so take the job and collect disability for the pregnancy but if she is not covered by FMLA, she does not have job protection and with limited sick time at either place....the reality is that they don't have to hold her job....at either company. It's not being fired or terminated for being pregnant but for not having the time to cover her absence; it would be the same even if you had a very serious condition. So if the stress is too much, take the new job, she won't be losing much in her present job with a short employment history and hope for the best at the new Company...