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jambalady
Is it summer yet?
Member since 8/06 7392 total posts
Name:
Holly
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Can you be laid off while on maternity leave?
I just found out that my company has been doing really poorly this year and laid off 12 people a few weeks ago with another potential round of layoffs depending on how they do in the next month or so.
Can I be laid off while on maternity leave? I'm not scheduled to go back till mid-August.
I'm not talking fired, but laid off, if there's a difference, which I don't know if there is.
TIA.
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Posted 6/5/08 12:37 PM  |
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Kelly9904
Mommy to 2 amazing little boys
Member since 5/05 9306 total posts
Name:
Kelly
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Re: Can you be laid off while on maternity leave?
If you are on FMLA I would think you are protected, until you return.
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| Posted 6/5/08 12:39 PM |
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2BEANS
wow time is going fast.
Member since 9/07 16106 total posts
Name:
Tina
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Re: Can you be laid off while on maternity leave?
I know my sil had had to submit a form b/c she was extending her maternity leave a bit.. if she didnt then yes she could be laidoff and not have a job when she wanted to return.
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| Posted 6/5/08 12:42 PM |
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KateDevine
*
Member since 6/06 24950 total posts
Name:
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Re: Can you be laid off while on maternity leave?
I believe that you are protected by FMLA.
Posted by jambalady
I'm not talking fired, but laid off, if there's a difference, which I don't know if there is.
TIA.
Usually you are fired for a reason like incompetence, etc, etc. Lay off are different b/c they are usually due to the company doing poorly, or going out of business, etc, etc.
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| Posted 6/5/08 12:44 PM |
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Dannigirl
LIF Infant
Member since 1/08 358 total posts
Name:
Danielle
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Re: Can you be laid off while on maternity leave?
FMLA is supposed to protect you
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| Posted 6/5/08 12:48 PM |
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eroxgirl
My Loves
Member since 5/05 15697 total posts
Name:
Rebecca
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Re: Can you be laid off while on maternity leave?
Do you work for my company? 12 people got laid off a few weeks ago... although a friend of mine said 'fired' and not laid off, but whatever.
I don't think they can legally lay you off while on maternity leave but they could when you get back. Hopefully, they won't be that cold.
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| Posted 6/5/08 12:53 PM |
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Teri
my girls!
Member since 2/06 1491 total posts
Name:
Teri
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Re: Can you be laid off while on maternity leave?
If there is an actual, legal reason for the lay off than they can. I've seen it done unfortunately but I would imagine it's only done when they company truly has no choice.
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| Posted 6/5/08 12:59 PM |
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Elizabeth
Mom of Three
Member since 9/05 7900 total posts
Name:
"MOMMY!!!"
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Re: Can you be laid off while on maternity leave?
You can be laid off if you took ST disability as part of your maternity leave. ie, you take 2 weeks before you are due and then take 12 weeks after the baby is born. In the last 2 weeks of your maternity leave, you can legally be laid off.
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| Posted 6/5/08 1:01 PM |
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JenBenMen
party of five
Member since 9/06 11343 total posts
Name:
Jen
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Re: Can you be laid off while on maternity leave?
i think a company would NOT do it for fear of a lawsuit
However, i have a friend on maternity leave who works for Bear Stearns. If you know what is going on there they are laying off tons of people. She found out that her job and job location have been changed..but she is not fired
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| Posted 6/5/08 1:03 PM |
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Re: Can you be laid off while on maternity leave?
Yes you can be. FMLA protects you from them discriminating against you because you had a baby. But, if they do a widespread lay off or downsizing they can include you. My friend had this happen in March.
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| Posted 6/5/08 1:05 PM |
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jambalady
Is it summer yet?
Member since 8/06 7392 total posts
Name:
Holly
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Re: Can you be laid off while on maternity leave?
Posted by SeptemberBride03
Yes you can be. FMLA protects you from them discriminating against you because you had a baby. But, if they do a widespread lay off or downsizing they can include you. My friend had this happen in March.
That's what I was afraid of.
I know I am a valued employee there and they've actually called during my leave to see when I am coming back (bc now they are so shortstaffed), but the company has lost SOOO much money this year that my boss said that another round of layoffs is possible if things don't get better.
I'm crossing my fingers that things turn around soon. DH and I can't afford to live on his salary alone.
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| Posted 6/5/08 1:16 PM |
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jambalady
Is it summer yet?
Member since 8/06 7392 total posts
Name:
Holly
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Re: Can you be laid off while on maternity leave?
Posted by JenBenMen
i think a company would NOT do it for fear of a lawsuit
However, i have a friend on maternity leave who works for Bear Stearns. If you know what is going on there they are laying off tons of people. She found out that her job and job location have been changed..but she is not fired
I work in finance as well. Across the street from Bear Stearns actually. The markets have been so bad this year.
That's why I'm so concerned.
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| Posted 6/5/08 1:18 PM |
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