FMLA taken too far?

[Zigner]

Thank you all for replying, especially Charlotte for giving a bit more of an explanation. I truly appreciate it.

Perhaps we're wading into a new part of the pond here... it just doesn't seem right that I'll lose my job (and potentially my home) because my co-worker decided to have a child.

Hey, what if I go out on FMLA starting tomorrow? Then, when I get back, they'll be obliged to give me my old job, newborn or no newborn. Now I'm thinking!

Which brings us back to:

they can lay of either or both of you with no recourse available to either of you.

FMLA generally does not prevent an employer from laying off an employee because of FMLA leave as long as it is not because of the FMLA leave.

 

[ecmst12]

You still don't understand.

They are not REQUIRED to give your coworker her job back, if she would have been laid off had she not been on FMLA. They are also not REQUIRED to lay someone else off so she can be given their job. If her job was eliminated for reasons having nothing to do with her being on FMLA, it's legal for them to lay her off.

HOWEVER, in the same vein, there is no law PROHIBITING them from laying you off instead and giving her your job. If they think the law requires it, you may, if you can do it delicately and tactfully, advise them that the law does not require them to go to such lengths to have a job for her when her FMLA ends. But, if they CHOOSE to do so for whatever reason(so long as it is not a protected reason as referenced above), you can still be legally laid off!

The choice is pretty much entirely up to your employer, and if you annoy them or start making empty threats of legal action, your chances of keeping your job will plummett.

 

[>Charlotte<]

Look, if your employer can only keep one of you and prefers the other woman, you're done. Period.

 

[CuckoosNest]

Got it... I was joking about putting myself out on FMLA, but thanks for all the clarifications nonetheless.

PS - I haven't breathed a word of this to my employer. And I don't mean any ill will to the gal with the baby... I think she should just pilfer somebody else's job.