Re: Post Fibroid Surgery Work Stories - Anyone have similar situation? FMLA

December 23, 2003

By the way, the Family Leave and Medical Act (FMLA) has a *big*

loophole in it. I know people at other companies that have been

burned by this loophole. Basically, the loophole is that you can take

your leave, and you will have a job when you get back, but it may be

an *equivalent* position, not necessarily the *same* position. Yes

they have to give you a job with the same title and pay level, but not

necessarily the same job.

Yes, it should make everyone think about closing up this loophole in

the future. It has been used by many different companies. Here is a

story from a former place I worked at, told to me first hand by the

person that experienced it:

A woman that had been with the company for about 5 years, very hard

worker, very smart, had a new woman boss (I'm only adding *woman*

because it is sad to see what one woman will do to another). Well,

they didn't exactly click, but the work got done. One day this woman

goes to tell her boss she was pregnant (her first baby). Instead of

" congratulations " , etc., the boss said " Why does this always have to

happen to me? " About 2 weeks after this woman took maternity leave

(now called Family Leave), the boss replaced her! Well, because of

that loophole, she could legally do that. When the woman got back

from maternity leave, she was floated around to different departments

(still had her title and pay). However, if something was available

with same title/pay, she had to apply for it. Of course, that doesn't

sound too bad, except we all know that some companies have departments

that are so bad to work in, you might as well quit. Fortunately, for

the woman, she was placed permanently in a good spot and worked her

way up a notch or two. Then a few years after having another child,

she quit her job (guess her husband made enough for her to do that).

As for my current situation, I did contact my union rep. There are a

few interesting spots that are available for lateral transfer, so I

will be interviewing. No, the loan won't hurt any chances of

promotion. Because, unfortunately, where I work there is a hiring

freeze so no one can make a promotional move, only lateral.

> Does your company observe the Family

> Medical Leave Act (FMLA)? Have you

> thought about contacting a labor law

> attorney?

Recommended Posts