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Recent Parental Leave questions

I don't know if you can see my previous question, but I was

I don't know if you can see my previous question, but I was wrongfully terminated by my employer. It's also been established that there is no justice for me, since I live in Texas. With that said, I have the following question. The company where this tookplace was 100% employee owned, and I was 100% vested in the ESOP. Since I was wrongfully terminated, is there any way I can force them to waive the two year hold back period? That way I could get an immediate pay out?

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I need help with a problem. I gave birth 14 weeks ago at 23

I need help with a problem. I gave birth 14 weeks ago at 23 weeks gestation. My daughter is in the NICU so I asked my employer if I could take the remainder of my materinty leave when she is released from the hostpital and he said yes. I have 5 weeks remaining. Now he is telling me that it doesn't fit into the company schedule and that I may not be allowed to take it all at once or not at all. I told him it's the law and that I insist that he allows me to take it or he can fire me. He is a small business owner employing 21 or more employees not exceeding 50. Needless to say he became irate and told me that he resents my threat and that I should take a few days to think about it over the holiday weekend and that we would discuss it when I return to work. I don't want to loose my Job but I also need my maternity leave. Please help.

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Patrick, Esq.

Doctoral Degree

17,800 satisfied customers
My wife is expecting a new baby in July. She is a university

My wife is expecting a new baby in July. She is a university professor with a typical 9 month contract; she is nontenured faculty. She has approached her chair about leave until early October so she has time to bond with baby, recover from delivery, etc. The university has a *paid* parental leave policy whereby employees can be relieved of traditional teaching duties during the leave period. However, administrators are trying to get her to agree to only a release from lectures. That is, she would still do all the grading, entering of grades, etc. This is certainly not a release from traditional teaching duties.The questions are as follows:1. If the policy says leaves relieve the individual of traditional teaching responsibilities, can the administration compel her otherwise?2. If she chooses to use FMLA leave instead (which is unpaid, and for up to 12 weeks), can the administration compel her to do any work during this leave?I realize the first question is probably subject to details I haven't provided, but the second is hopefully very straightforward. Thanks in advance!

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wallstreetfighter

Attorney

Doctoral Degree

18,054 satisfied customers
I have worked 30 years for a local government agency which

I have worked 30 years for a local government agency which has always allowed employees to use sick leave, vacation and comp time without adhering to the 12-week FMLA limit as long as the employee has time on the books (and other employees are allowed to donate time to those who run out of hours for a serious personal or family medical issue). I had parenting leaves in 1998 and 2001 which referred to FMLA, but no specific FMLA paperwork was done. The agency is now claiming "no one has ever used FMLA", though our policies do state anything more than 3 days must be "approved by the department head". None of my co-workers have ever had to do the FMLA paperwork, including for parenting leaves while I've been on medical leave this year. My question is going to relate to whether I have any protections with an extended medical leave under FMLA, Worker's Compensation, possibly ADA, and in view of past practice. Last year I filed for Workers Compensation for treatment of long-term injury caused by prior injuries at work and aggravated by the duties of a position re-assignment. I am in the formal appeal process (with an attorney) for the Workers Compensation carrier's denial. I received a specific aggravating injury which compounded the problem last September (there was retaliation and disciplinary action associated with the re-injury, including repeated attempts to persuade me to retire). I could not wait for the W.C. appeal process to finish before it became necessary to have surgeries to repair the damage, as work and home functions were becoming impossible. I gave 30 days notice with a plan for my time off which was approved by the intermediate supervisor and by the Department Head. It called for probable return to duty by mid-June. After approval, I confirmed the schedule for surgeries. I then received the FMLA forms. After I had the first surgery (no backing out now!) and had used Comp time off for the first 2 days, the Department Head sent me a notice that my FMLA was being altered to demand use of all sick leave hours before any others. When a grievance was explored through the Union, He had to allow my vacation hours to be used as they accrued since the new policy would have created a loss of workplace benefit (we have a cap on vacation hours, and I was maxed out for the leave). In this letter he also prohibited me from accessing our voice mail system, e-mail (including legal notices I must respond to), and doing any other work-related tasks. This has NEVER been done to other employees on leave. In early June, when my doctor's report indicated I would need at least another month of healing, I was informed my leave protections had expired on April 11. I had to obtain additional medical certification to stay on leave. I understand why, it was just done in a very adversarial manner and was difficult to meet the timeline demanded my treating Specialist is only in town 1 or 2 days per month). As the hardware placed during the inital surgery was impinging on the joint and it was not healing, hardware was removed on August 2. The employer has not offered any light duty, different position, accommodations other than extended leave (using vacation time). My surgeon has expressed frustration trying to get information from the employer with exactly what qualifications I need to meet to return to work-- they keep sending him the job description which doesn't really help. The Department Head just tells me my only option is to return to full duty at my assigned job. I recently applied through the Agency for our Long-Term Disability coverage, as I run out of paid time this week. I do not meet the "expected to continue for at least one year" for TFD or PPD disability through the State system. The City has not submitted my application to the insurance carrier. I ws ordered in last week for a meeting with the Department Head and agency person designated for personnel matters to "determine ADA compliance"-- the Department Head had filled out a spread sheet indicating my inability to perform the vague job tasks listed in our job description based on my lifting limits, the meeting was a perfunctory sham at justifying terminating me. I repeatedly pointed out that we are still awaiting a Work Comp ruling (the City nor the carrier replied to the appeal or demand for immediate hearing, we're waiting to find out from MN DoL when the hearing will be held -supposed to be within 30 days). When I asked for continuation of leave as a reasonable accommodation, though it will be unpaid as of Thursday, the Department Head replied that I will no longer be an employee if I'm not being paid. I am one of only two female employees out of 29 in the position, recently divorced (from another department member) and supporting two teenagers, of a different religion and viewpoints than my boss, and of borderline retirement age. Any advice? Does past practice come into play, especially as relates to extended leaves? Thanks.

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

15,038 satisfied customers
If you are employed at a factory through a hiring service,

If you are employed at a factory through a hiring service, can they terminate if you have a sick child? This is an instance where this gal has been employed since August, 2012. She has two small children who have been sick a lot in the last month. She has had to take time off to be with them and take them to the doctor. The little boy has had a lot of ear problems and now is going to have to have tubes put in again. He is 3 1/2 years old. She has been told that she has missed five days of work and if she misses another day in the next year she will be terminated. So, she cannot go with him for surgery. Is this something they can do?

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Brandon, Esq.

Senior Counsel

Doctoral Degree

3,650 satisfied customers
I own childcare business and I have a policy in my handbook

I own childcare business and I have a policy in my handbook that if a Parent leaves the facility and owes money that I will not release any tax statements to them unless they clear their balance. Eachparent signs a form acknowledging they have read and understand my policies. Is this legal?

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TexLaw

Attorney

Post-Doctoral Degree

7,980 satisfied customers
my daughter took a medical leave from her work; not workers

my daughter took a medical leave from her work; not workers comp claim. she was sent a lengthy questioner and medical release of records form to complete. I thought this info was protected and private. is she required to disclose her medical info and a lengthy questioner re the medical reasons for the leave of absence to her employer?

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wallstreetfighter

Attorney

Doctoral Degree

18,054 satisfied customers
we have a part time employee who recently had twins and now

we have a part time employee who recently had twins and now she wants to come back to work her skills were not good to begin with When we hired her she was already pregnant we really do not want to hire her back, what are our obligations as far as the law goes wea rae a small co. with less than 20 employees thank you

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Attorney Wayne

Attorney-at-Law

JD

1,486 satisfied customers
I have been employed as an executive with a large financial

I have been employed as an executive with a large financial institution for the past 12 years, and they announced in July/August that they would be eliminating 30000 positions over 3 years. On September 23rd my 3rd daughter was born and I immediately entered into 12 weeks of fully paid parental leave, with my return scheduled for December 16th. My FMLA leave ran concurrently with the parental leave.On December 7th I was notified by my boss that there was no reason for me to return to work, and that I would get official notification on December 20th that I would be severed effective January 2nd.As a result of the severance I will receive standard severance benefits from the Bank.Do I have any recourse under FMLA, or is the bank within their rights to eliminate my role as a result of the previously announced reduction?Thank you

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Marsha411JD

Doctoral Degree

18,946 satisfied customers
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