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Recent employment law questions
Employment Law: Do any of the provisions of the FMLA apply
Employment Law: Do any of the provisions of the FMLA apply to us? We are a small company of 21 employees and have an employee who left to have a baby. We have never previously paid for maternity / paternity leave, and do not have a policy stating that we do. Are we required to hold either the position or pay rate open, or can we offer the employee any of the available positions / pay rates when / if she returns, and for how long must we keep a position or rate of pay open?
I was "let go" from my supervisor position based on a hearsay
I was "let go" from my supervisor position based on a hearsay comment made by another supervisor holding the same position as myself. The statement that person made was completely fabricated and implies that I am racist. There is no proof that I made the statement and I was given a "written warning". When presented with the documentation I denied the statement was ever said and then was told that due to my "attitude and attempt to justify my actions instead of redeem myself" I was being let go. Is there any sort of law that protects someone accused of something with no proof?In addition to this, with the approval from my supervisor, I had built up a nearly 2 weeks of comp-time for hours worked in excess of a 40 hour work week to be taken as paternity leave when my 9 month pregnant wife gives birth to our first child. When I contacted HR to ensure they were aware I was due this compensation, I was told that they reached out to my supervisor and that he confirmed I had worked these hours, but the company does not recognize comp-time and would not be compensating me for that time. It has all been documented and can be proven that I did in fact work the extra hours.Is there any laws that can aid me in ensuring I am compensated for my hours worked?Thank you.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
In NJ, can an employer have a maternity policy, that uses STD,
In NJ, can an employer have a maternity policy, that uses STD, that provides additional pay/benefit for the mother above and beyond what is provided to other employers who may receive STD. Does the maternity policy have to be based on STD or can it be separate?
My wife and I are expecting our first child at the
Hello,My wife and I are expecting our first child at the end of January. We live in Massachusetts, and she works full time from home for a company based out of Denver. Today (12/29), they informed her that they want to cut her back to part time (20 hrs/week) as of January 1st.We're not sure what the best course of action is. Clearly this will have an impact on her maternity leave benefits, and she was planning on coming back from her leave to a full time position. I thought that her full time status was guaranteed by FMLA. I'm wondering what her best course of action here is. Can she get unemployment benefits of any kind? What will happen to her maternity leave? Should we be calling a lawyer?Thanks in advance for any help you can give us.-Kris
My husband was terminated in July from his job and we believe
My husband was terminated in July from his job and we believe it might be an issue of discrimination. My husband took FMLA from February through April to take care of our son after his birth in February. When he requested the FMLA and after his return a manager treated him a bit funny, but we never thought twice about it until after his termination in July when we applied for unemployment and we received a letter from unemployment stating the employer was fighting the unemployment and sighted his leave as a reason. What had happened, is my husband had the same Monday-Thursday 10 hour day work schedule for the last two years and on his Fridays' off he was the sole-caregiver for our four young sons (ages ranging from 7mos to 7yrs). In early July, without notice, his employer changed his schedule and told him it would start immediately. At that time he requested a months notice to rearrange his schedule and find care for our children on his previous days off. They told him they would not be giving any notice and that he must start the new schedule immediately. Over the next two weeks he worked Monday-Thursday and took personal leave on Friday's to take care of our sons and make arrangements for daycare as it is impossible and unrealistic to arrange reasonable daycare for four young children with no notice. During those two weeks, he was written up, suspended three days and then terminated. At the time, we thought he was simply being pushed out of the company because of some unreasonable managers, however, when we applied for unemployment we received a notice of action of claim stating that after returning from FMLA they changed his schedule and that he had plenty of time off during his leave to take care of things. My husband had taken FMLA for the birth of our child since I could not, however, during the leave he had no knowledge of a schedule change he needed to prepare for and according to their own company policy after returning from leave he would be returned to a position which is “virtually identical in terms of pay, benefits and working conditions”. We believe, now in looking back, with how they treated him when he requested the paternity leave, how unreasonable they were with the schedule change and with what they stated in the unemployment notice, that he was being discriminated against because he was a male taking leave for the birth of a baby. Is there anything we can do here? Also, the company is in Cheyenne, WY and we would like to seek the guidance of an employment lawyer and was wondering if we can get a referral for a lawyer that can help?
Attorney and Counselor at Law, Mediator
Paternity Leave and Possibly Losing My Job
I work / telecommute in California and my employer is in Colorado.I am currently a salary employee and work 32 hours a week with full time benefits. The contract I signed is only for 32 hours a weeks and my pay is based on a pro-rated salary from 40 hrs a week.My wife is expecting in late November. I have been in contact with Human Resources about what I can expect for paternity leave. I wanted to be flexible and a team player so I emailed my boss before I filled out any forms. I wanted to take 2 - 3 weeks off, but be flexible for my team.About 5 days after I sent this email my employer stated I have to either work 40 hrs a week at the same pay or go to contractor status. I don't want to leave. I am 100% willing to work 40 hrs a week but not willing to take a 20% decrease in pay.I know my bosses received the email about paternity leave because they congratulated me first thing before trying to lower my salary.I have no idea if lowering my salary has anything to do with asking for paternity leave. There will never be a way to truly find out. Still, do I have any rights here - can they let me go without any trouble from this course of action?
I am a physician employed by a corporation in California withView more employment law questions
I am a physician employed by a corporation in California with less than 50 employees. I requested paternity leave (3 weeks off, followed by 3 weeks of part-time), this was deemed excessive and I was told to reconsider. I elected to take 2 weeks of full time leave followed by 4 weeks of part-time leave. However, I have been told that during my part-time leave I would be paid less than 50% of my base salary and my medical director stipend would not be paid during this time. My questions is as follows: is it legal for my employer to pay me less than my usual hourly wage upon my return to part-time status? Additionally, is it legal for the employer to suspend my usual medical director stipend?Example: My usual salary is $100/hour, or $800 for an 8 hour day. The medical director stipend is $100 per day. When I return for part-time work (during paternity leave), my employer will only be paying me $300 for 4 hours of work, and NO director stipend.Thanks,Dennis