What FMLA options available for me?

moontech

Junior Member
Apr 17, 2019
8
0
6
Dear guys,

I am in one tough situation at work which is impacting me both personally and family.

I have been working for a public company for over 4 years. Have a good work performance every year with meeting expectations and in one year got over 4 rating.

Informed my immediate boss about we expecting a baby and how my wife is going though few health complexities.
our baby was also diagnosed with a small issue which would be recovered after 2 moths of the birth.

Told my boss that I would take Child care leave of absence. Wife doesn't have a formal maternity policy as she is a student at an university.
My company provides 6 weeks of child care leave of absence.

With the recent re-org, my boss was let go and I was put under a new manager. Things never worked for us. We are at poles different on opinions. I informed the new manager about me taking leave of absence after the child's birth and she looked least bothered.

Just 2 weeks ago, I was informed that my position is getting outsourced and I won't have a job in June and I got my termination date as June 20.

My baby's approx birth date is around May 15. I called my benefits to figure out if I can apply for Child Care leave of absence. I was informed that as long as I am active in the system, they can file a claim. I was told the leave of absence involves an FMLA claim concurrently files with a Child care leave of absence.
I was told by the administrator to inform my HR and manager about my intention of taking a leave of absence from the event triggered date.

Can you please suggest will this ever work and what I got to ?

With a covered event in my life and all prior headsup to my boss, will they decline my FMLA?

I appreciate your opinions and any suggested approach.

Just wanted to add additional data:

The Child care benefit is an insurance paid claim paid by a 3rd party Insurance company. However, the insurance company files a concurrent FMLA and the Child care claim together. I am not seeking any State unemployment
 
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Zeze

Lifer
Mar 4, 2011
10,617
686
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I just wanted to say what a god damn asshole she is. What an icy cold b|tch.
 

rcpratt

Lifer
Jul 2, 2009
10,433
108
116
That is really shitty. I'm sorry.

I assume the child care leave of absence a paid absence? It seems to me like you should still be eligible for both FMLA and the child care leave so long as you apply (and your wife gives birth) while you are still employed. It's pretty standard that you would apply for FMLA first in order to receive the child care leave.

Do you have any reason to believe that their decision to let you go is in any way related to the pregnancy?
 

zinfamous

No Lifer
Jul 12, 2006
107,535
23,416
146
That is really shitty. I'm sorry.

I assume the child care leave of absence a paid absence? It seems to me like you should still be eligible for both FMLA and the child care leave so long as you apply (and your wife gives birth) while you are still employed. It's pretty standard that you would apply for FMLA first in order to receive the child care leave.

Do you have any reason to believe that their decision to let you go is in any way related to the pregnancy?
This. OP might want to lawyer-up if there are some relevant conversations/emails/documentation recently.
 

moontech

Junior Member
Apr 17, 2019
8
0
6
That is really shitty. I'm sorry.

I assume the child care leave of absence a paid absence? It seems to me like you should still be eligible for both FMLA and the child care leave so long as you apply (and your wife gives birth) while you are still employed. It's pretty standard that you would apply for FMLA first in order to receive the child care leave.

Do you have any reason to believe that their decision to let you go is in any way related to the pregnancy?
Yeah...its just been bad. You are right its a paid leave of absence.
Technically I am employed and still will be an employee until June 20th. However, I am not required to go to work and my access was pulled away. My bi-weekly paycheck and benefits all apply as is until my termination date.

Things never worked with my new manager. We never had that good relationship. The last few months, we had multiple doctor appointments with almost 1 a week and at times twice a week all involving a min of 2hr break out of work.
Being part of new team, I never got the feeling of being included. When asked if performance was any reason for termination, I was just told that its a RIF and my position is getting outsourced.

My co-worker buddies did say to me that I should have not disclosed about the baby or medical issues happening during the pregnancy.
 

moontech

Junior Member
Apr 17, 2019
8
0
6
This. OP might want to lawyer-up if there are some relevant conversations/emails/documentation recently.
My access was cutoff. I am serving the notice period by not going to work :oops:
Nothing is documented in writing. All I did have are verbal conversations in my 1-1 scheduled meetings with my boss.
 

zinfamous

No Lifer
Jul 12, 2006
107,535
23,416
146
Yeah...its just been bad. You are right its a paid leave of absence.
Technically I am employed and still will be an employee until June 20th. However, I am not required to go to work and my access was pulled away. My bi-weekly paycheck and benefits all apply as is until my termination date.

Things never worked with my new manager. We never had that good relationship. The last few months, we had multiple doctor appointments with almost 1 a week and at times twice a week all involving a min of 2hr break out of work.
Being part of new team, I never got the feeling of being included. When asked if performance was any reason for termination, I was just told that its a RIF and my position is getting outsourced.

My co-worker buddies did say to me that I should have not disclosed about the baby or medical issues happening during the pregnancy.
yeah well, pretty sure that's completely illegal if you can successfully argue that this is why you were fired. It's not like you were in the hiring process. (Also not legal, I think, but it's much easier to get away with not hiring someone for reasons than it is to fire them)
 

zinfamous

No Lifer
Jul 12, 2006
107,535
23,416
146
My access was cutoff. I am serving the notice period by not going to work :oops:
Nothing is documented in writing. All I did have are verbal conversations in my 1-1 scheduled meetings with my boss.
you have those conversations and what your co-workers told you--but of course that gets very complicated because it's doubtful they would be willing to go to bat for fear of losing their own jobs.

--also that is kind of desperate situation that we are paining here, and would be extremely difficult to pursue, even if you have real cause to.
 

moontech

Junior Member
Apr 17, 2019
8
0
6
Correct. I cannot prove any of this and none might come in support to voice anything. I am just happy that I am coming out of that toxic environment.

Does signing a severance package waive my FMLA rights or Leave of absence benefits from the company?...I read the document 3 times and it doesn't talk anything about it.
 

BurnItDwn

Lifer
Oct 10, 1999
25,843
1,330
126
Can you discuss this with the department head, or your bosses-boss, or senior director? Can you HR to give any guarantees in writing as far as leave of absence coverage?

I know that if you sign a severance package, there is almost always a non-disparagement clause (do NOT say the name of your employer on the forum, and do not share any details about the employer which can be identified on this forum.)

I don't know enough about the subject to offer realistic help, but, it sounds like they will do everything they can to make things hell for you.


Good luck with finding a better employer. Most of my friends which have been through similar "outsourced" situations have found better jobs and have higher quality of life now. But, it's a horrible and stressful battle for sure.
 

moontech

Junior Member
Apr 17, 2019
8
0
6
Can you discuss this with the department head, or your bosses-boss, or senior director? Can you HR to give any guarantees in writing as far as leave of absence coverage?

I know that if you sign a severance package, there is almost always a non-disparagement clause (do NOT say the name of your employer on the forum, and do not share any details about the employer which can be identified on this forum.)

I don't know enough about the subject to offer realistic help, but, it sounds like they will do everything they can to make things hell for you.


Good luck with finding a better employer. Most of my friends which have been through similar "outsourced" situations have found better jobs and have higher quality of life now. But, it's a horrible and stressful battle for sure.

At this point, I don't have any options to contact any of the bosses. The leave of absence seems to be a company wide policy for everyone. And you are right, the severance package has a non-disparagement clause.
Does this mean I cannot file FMLA or Child care because I deal with a 3rd party for the claim?
 

rcpratt

Lifer
Jul 2, 2009
10,433
108
116
Legally, I think you can still apply for FMLA. I don’t know that it’s going to do anything for you at this point, though.

The paid child care leave is going to be dependent on the company’s policy and your severance package. Can’t hurt to try, but it seems unlikely that they would approve additional benefits after you have been let go. Especially since you’re already covered for the first 5 or so weeks after the due date.

Were there others that were let go at the same time as you?

Ultimately, your efforts are probably best spent trying to find a new job. Hopefully your severance pay can cover you through June and you can spend that time with your family regardless.

Don’t mention the pregnancy when you interview.
 

Sgt. York

Senior member
Mar 27, 2016
798
208
116
Buy an hour of time with an employment attorney. You will get answers to all your questions from a legal mind that knows the laws of your state.

Any answers you get here are going to be opinion.
 

njdevilsfan87

Platinum Member
Apr 19, 2007
2,259
218
106
I don't know how it is in other states, but in California you get 6 weeks of partial pay at a maximum of 25% salary or ~$1250 (either weekly or bi-weekly - I can't remember) paid by the state, plus an additional 6 weeks unpaid if you wish to take. But if you receive company paid leave, then you do not quality for state assistance. For example I just started parental leave myself (my wife is actually now past her due date) and I am taking 4 weeks fully paid by the company, 2 weeks partially paid from California, and 6 weeks of unpaid leave.

If you happen to be let go before leave, you should still qualify for state assistance. It's not as good as company paid leave, but it's better than nothing. Unless you are positive and have proof the reason you are being let go is in retaliation to you taking leave, there's not much protection FMLA provides against layoffs. Start looking for a new job now.

As far as a company declining anything: again I'm using California because that's what I am familiar with: you're legally entitled to 12 weeks of leave which a company cannot decline it if you've been working for the company for at least a year, have a newborn, and request leave. The worst they can do is decline any company paid leave. But they can in no way force you to work during your request leave period.

Check your state's FMLA policy.
 
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moontech

Junior Member
Apr 17, 2019
8
0
6
Buy an hour of time with an employment attorney. You will get answers to all your questions from a legal mind that knows the laws of your state.

Any answers you get here are going to be opinion.
Yeah. I will reach out to an Employment attorney.
 

moontech

Junior Member
Apr 17, 2019
8
0
6
At this point, I have not signed
I don't know how it is in other states, but in California you get 6 weeks of partial pay at a maximum of 25% salary or ~$1250 (either weekly or bi-weekly - I can't remember) paid by the state, plus an additional 6 weeks unpaid if you wish to take. But if you receive company paid leave, then you do not quality for state assistance. For example I just started parental leave myself (my wife is actually now past her due date) and I am taking 4 weeks fully paid by the company, 2 weeks partially paid from California, and 6 weeks of unpaid leave.

If you happen to be let go before leave, you should still qualify for state assistance. It's not as good as company paid leave, but it's better than nothing. Unless you are positive and have proof the reason you are being let go is in retaliation to you taking leave, there's not much protection FMLA provides against layoffs. Start looking for a new job now.

As far as a company declining anything: again I'm using California because that's what I am familiar with: you're legally entitled to 12 weeks of leave which a company cannot decline it if you've been working for the company for at least a year, have a newborn, and request leave. The worst they can do is decline any company paid leave. But they can in no way force you to work during your request leave period.

Check your state's FMLA policy.

The Child care benefit that I was talking is provided by an insurance company. My employer is not paying it and also I am not doing any State insurance claims. However, the insurance company requires a concurrent FMLA claim for any long leave of absence.

At this time I am not looking in to any aspects retaliation or discrimination. Its the norm of the insurance company to file a claim and have an expected return date. In my case, it wouldn't make any sense as my job doesn't exist at the time of return.

My termination date would happen in the future after the fact of child being born.
 

BarkingGhostar

Diamond Member
Nov 20, 2009
9,952
2,499
136
What a wonderful company you work for at the moment. I would love to learn what company that is so I can recommend that all of my enemies go work there.
 

moontech

Junior Member
Apr 17, 2019
8
0
6
What a wonderful company you work for at the moment. I would love to learn what company that is so I can recommend that all of my enemies go work there.
When someone has a screwed up self envy boss they would just mess up ....the situation is so bad that when I apply internally for positions relevant, they just screw up by giving a negative verbal feedback... unfortunately the new hiring managers are taking words rather than looking in to the perfromence system where things are documented ..
 
Nov 8, 2012
20,778
4,758
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This. OP might want to lawyer-up if there are some relevant conversations/emails/documentation recently.
Came in here to basically say this.

Firing / laying off someone ANYWHERE near parenting events (birth, adoption, etc.) seems like suicide for an employer. IMO they are pretty fucking dumb to try such.

I would definitely lawyer up and go after them - unless they started communicating this PRIOR to you notifying them, they honestly made a stupid move.
 

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