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LIBOUND
Texting king
Member since 10/05 5289 total posts
Name:
Suzy
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My company will NOT abide by the FMLA act...
How can I fight this?
They are a private company, but there are over 50 employees that work for us.
We have no HR department, just and Administrative VP who does the HR responsibilties.
I don't want to start rocking the boat here, but am I not entitled to this?
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Posted 9/4/07 4:12 PM  |
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Long Island Weddings
Long Island's Largest Bridal Resource |
octoberbride
Big sister to be!
Member since 11/05 2174 total posts
Name:
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Re: My company will NOT abide by the FMLA act...
Are all the employees w/in a 75 mile radius?
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| Posted 9/4/07 4:15 PM |
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LIBOUND
Texting king
Member since 10/05 5289 total posts
Name:
Suzy
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Re: My company will NOT abide by the FMLA act...
Posted by octoberbride
Are all the employees w/in a 75 mile radius?
yes!!
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| Posted 9/4/07 4:17 PM |
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Karen
Just chillin'!!
Member since 1/06 9690 total posts
Name:
Karen
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Re: My company will NOT abide by the FMLA act...
What reason are they giving for not complying?
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| Posted 9/4/07 4:19 PM |
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EmmaNick
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Member since 12/06 16001 total posts
Name:
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Re: My company will NOT abide by the FMLA act...
Have you met all the qualifications under FMLA?
Your employer does realize he/she isn't required to pay you right? They are only obligated to hold your job for you or a similar job at the same salary. Make sure they understand that.
You would file a complaint with the Department of Labor.
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| Posted 9/4/07 4:20 PM |
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jprimrose
I love my little munchkins!
Member since 10/05 3939 total posts
Name:
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Re: My company will NOT abide by the FMLA act...
Here is a website I found on the FMLA:
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/toc.htm
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| Posted 9/4/07 4:21 PM |
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EmmaNick
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Member since 12/06 16001 total posts
Name:
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Re: My company will NOT abide by the FMLA act...
You know, actually I wouldn't bother fighting it with them before you have the baby, it will probably just make it uncomfy to work there. Just type of a letter, letting them know you will be taking the FMLA you are entitled to. If they don't allow you to come back after your 12 weeks is up, then sue them for a boat load of money.
Message edited 9/4/2007 4:26:55 PM.
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| Posted 9/4/07 4:26 PM |
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MST9106
My life:)
Member since 6/06 9589 total posts
Name:
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Re: My company will NOT abide by the FMLA act...
Posted by Summerrluvv
You know, actually I wouldn't bother fighting it with them before you have the baby, it will probably just make it uncomfy to work there. Just type of a letter, letting them know you will be taking the FMLA you are entitled to. If they don't allow you to come back after your 12 weeks is up, then sue them for a boat load of money.
ITA. Great advice.
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| Posted 9/4/07 4:28 PM |
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LIBOUND
Texting king
Member since 10/05 5289 total posts
Name:
Suzy
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Re: My company will NOT abide by the FMLA act...
Posted by MST9106
Posted by Summerrluvv
You know, actually I wouldn't bother fighting it with them before you have the baby, it will probably just make it uncomfy to work there. Just type of a letter, letting them know you will be taking the FMLA you are entitled to. If they don't allow you to come back after your 12 weeks is up, then sue them for a boat load of money.
ITA. Great advice.
You are absolutely correct. I do not want to be stressed out or made to feel uncomfortable.
I will be taking my 12 weeks and will make that perfectly clear to them AFTER I have the baby.
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| Posted 9/4/07 4:52 PM |
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Karen
Just chillin'!!
Member since 1/06 9690 total posts
Name:
Karen
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Re: My company will NOT abide by the FMLA act...
Posted by MST9106
Posted by Summerrluvv
You know, actually I wouldn't bother fighting it with them before you have the baby, it will probably just make it uncomfy to work there. Just type of a letter, letting them know you will be taking the FMLA you are entitled to. If they don't allow you to come back after your 12 weeks is up, then sue them for a boat load of money.
ITA. Great advice.
I agree, BUT I would double and triple check that you are definitely entitled to FMLA. There are some funky rules in there, so I would make sure you are standing on solid ground.
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| Posted 9/4/07 4:55 PM |
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jambalady
Is it summer yet?
Member since 8/06 7392 total posts
Name:
Holly
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Re: My company will NOT abide by the FMLA act...
That's the most absurd thing I have ever heard and if you fall within the FMLA requirements they HAVE to let you take your 12 weeks. If they don't or threaten you with the loss of your job, I'd say you have one hell of a lawsuit on your hands.
What was their stated reason for not letting you?
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| Posted 9/4/07 4:56 PM |
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KateDevine
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Member since 6/06 24950 total posts
Name:
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Re: My company will NOT abide by the FMLA act...
Posted by Karen
Posted by MST9106
Posted by Summerrluvv
You know, actually I wouldn't bother fighting it with them before you have the baby, it will probably just make it uncomfy to work there. Just type of a letter, letting them know you will be taking the FMLA you are entitled to. If they don't allow you to come back after your 12 weeks is up, then sue them for a boat load of money.
ITA. Great advice.
I agree, BUT I would double and triple check that you are definitely entitled to FMLA. There are some funky rules in there, so I would make sure you are standing on solid ground.
ITA!!! Make sure you are entitled. Have you been there more than a year? That and more than 50 employees are the two biggies, but there are other rules.
I was terminated 38 weeks pregnant, I was not entitled to FMLA.
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| Posted 9/4/07 5:04 PM |
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LIBOUND
Texting king
Member since 10/05 5289 total posts
Name:
Suzy
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Re: My company will NOT abide by the FMLA act...
Posted by jambalady
That's the most absurd thing I have ever heard and if you fall within the FMLA requirements they HAVE to let you take your 12 weeks. If they don't or threaten you with the loss of your job, I'd say you have one hell of a lawsuit on your hands.
What was their stated reason for not letting you?
The retarded reason is that she is not familiar with the FMLA act and no one has ever brought it up.
I told her that she needs to look it up and educate both herself and the powers that be of this.
I work in an old school company. Most of them have been there over 20 years and there have only been two women who have had maternity leave in the last 10 years. One of them never came back, and the other one does whatever they tell her to do. It looks like no one will fight for themselves.
Until me, or course!!
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| Posted 9/4/07 5:51 PM |
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cjik
Welcome 2010!
Member since 2/06 8879 total posts
Name:
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Re: My company will NOT abide by the FMLA act...
She really does need to be up on FMLA. You will not be the first or the last to bring it up, and I'm surprised no one has before you actually. It has been around for awhile!
I know one other reason for not offering it is if you are in the top 5 or 10% of earners for the company. Unfortunately, you don't always know where you are until you apply for it.
Check the guidelines. If you meet all the criteria, than I would bug them to offer it.
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| Posted 9/4/07 6:08 PM |
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smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
Name:
me
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Re: My company will NOT abide by the FMLA act...
I suggest you don't argue with them until you have the baby. If they know you want to "fight" them on FMLA they could fire you before you give birth. Then you don't even have a job.
Wait to be on disabilities.
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| Posted 9/5/07 7:31 AM |
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