i work for 11 yrs when i went for matermity leave my company fire me while i still on maternity leave. what should i do.

March 11, 2008

Posted by TonyLiu

( 0 ratings )

It is possible that your previous employer did not break the law. I'll list of the laws below which represent your rights, you let us know if they broke any of the rules. Ok?

The Family and Medical Leave Act
In the United States, the Family and Medical Leave Act (FMLA) sets the minimum standard for maternity leave. This federal law applies to government agencies and to companies that have 50 or more employees.

FMLA requires employers to provide up to twelve unpaid work weeks per twelve-month period for:

- the birth and care of a new baby
- placement and care of a newly adopted child or of a foster child
- certain other family and medical reasons

Unfortunately for new parents, FMLA does not require employers to pay employees while they are on maternity leave. The employer may require a worker to use sick leave or vacation time as part of the time off. The good news is that both mothers and fathers can be eligible for time off when a new baby is born.

Eligibility for FMLA Leave
To be eligible for maternity leave under FMLA, you must have worked for your employer for at least 12 months. During those 12 months, you must have worked at least 1,250 hours. This averages out to 24 hours per week over the course of one year. However, the hours do not have to be spread out uniformly. In addition, the twelve months do not have to be consecutive.

You must notify your employer at least 30 days in advance if you need FMLA leave. If that's not practical (for example, if your baby is premature), you must tell your employer as soon as possible. Visit the Compliance Assistance portion of the FMLA web site or contact the Department of Labor to make sure you're following the rules.

Returning to Work
In general your employer can't fire you for taking maternity leave under FMLA rules. There are some exceptions, including the following:

- If you tell your employer you do not plan to return to work after you have the baby.
- If there are layoffs at the company and your job is among those affected.
- If you have used up your FMLA leave time and are not able to return to work.
- If you have a highly-paid, salaried job that is considered "key" to the workings of the company. However, this applies only in limited circumstances.

Please be sure to respond back.

more info: http://tinyurl.com/yu6un

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