Whose responsibility is it to end a forced Leave of Absence?

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Latest post 06-14-2011 10:33 PM by keemom. 34 replies.
  • 06-13-2011 2:38 PM

    • keemom
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    Whose responsibility is it to end a forced Leave of Absence?

    I was forced on an unpaid leave of absence while 6 months pregnant.  I did not request it, neither did my doctor.  I hadn't even put in a request for a leave of absence for after the baby was born yet.  Because they forced me into the leave, and I never requested one, who had the responsibility of ending the leave?  Was it my responsibility to let them know when I was able to return to work after she was born, or was it their responsibility because I never needed the LOA to begin with?  I did notify the benefits department immediately (the day after being told I was on a LOA) that I was willing and able to continue working, but I never heard anything back from them.

    Are there any laws pertaining to a LOA NOT requested by the employee?

  • 06-13-2011 2:41 PM In reply to

    Re: Whose responsibility is it to end a forced Leave of Absence?

    So for absolutely no reason, your employer told you that you were going on leave effective day/mo/year???  There must be something missing from your post...  Such as, did you have work restrictions that your employer didn't or couldn't accommodate?

    Yes, it is your responsibility to notify your employer when you are available for work following the birth of your child.  Your employer isn't a mind reader.  They don't know when you've been released by your doctor to return to work.

     

     

  • 06-13-2011 3:16 PM In reply to

    • keemom
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    Re: Whose responsibility is it to end a forced Leave of Abse...

    But I'm also not a mind reader and didn't know if they even held my job for me (not protected by FMLA because I was part time).  Don't they have any responsibility for the LOA they put me on?  They knew my due date, but never gave me an end time to the LOA, just that I was on one effective immediately (about 15 minutes after I walked into work that night).

    You can read my earlier post about pregnancy discrimination (which you replied to), but to make a long story short, my office manager told me to request a chair with a back instead of the stools we had, I did, and a month later I was put on a leave of absence.  I was never put under any physical restrictions by my doctor while I was pregnant (lifting, standing, kneeling, etc).

    I'm definitely not trying to argue, just the only information I can find about a LOA is for when an employee requests one, not when it's never requested and forced onto the employee.

    Thank You!

  • 06-13-2011 3:17 PM In reply to

    • Drew
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    Re: Whose responsibility is it to end a forced Leave of Absence?

    If you were placed on unpaid leave but still availalbe and able to work you might also be  elgible for UC as constructively you were fired?



  • 06-13-2011 3:20 PM In reply to

    Re: Whose responsibility is it to end a forced Leave of Abse...

    have you called them or gone there to ask?

  • 06-13-2011 3:25 PM In reply to

    Re: Whose responsibility is it to end a forced Leave of Abse...

    But I'm also not a mind reader and didn't know if they even held my job for me (not protected by FMLA because I was part time).  Don't they have any responsibility for the LOA they put me on?  They knew my due date, but never gave me an end time to the LOA, just that I was on one effective immediately (about 15 minutes after I walked into work that night).

    You can read my earlier post about pregnancy discrimination (which you replied to), but to make a long story short, my office manager told me to request a chair with a back instead of the stools we had, I did, and a month later I was put on a leave of absence.  I was never put under any physical restrictions by my doctor while I was pregnant (lifting, standing, kneeling, etc).

    Ah, yes.  All that stupid business with your employer about the chair you never asked for in the first place. I recall your earlier post.

    While on leave (whether the employee asks for leave or not), it IS the employee's responsibility to keep in touch with the employer and provide them with updates on their medical/leave status.  You really need to contact your employer, advise them of the date you're being released (or likely to be released) to return to work and see what the status of your job is.  Only they can advise you about that.

  • 06-13-2011 3:25 PM In reply to

    • keemom
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    Re: Whose responsibility is it to end a forced Leave of Abse...

    I've been collecting unemployment pretty much the entire time.  The company didn't respond to the unemployment claim so it was granted.

  • 06-13-2011 3:33 PM In reply to

    • keemom
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    Re: Whose responsibility is it to end a forced Leave of Abse...

    It states in their LOA paperwork that a leave can not extend 12 weeks, yet they knew that I was not due for 14 weeks.  Does that change anything?

  • 06-13-2011 3:46 PM In reply to

    • keemom
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    Re: Whose responsibility is it to end a forced Leave of Abse...

    Does the fact that they didn't fight the UC matter?  Does it mean that I was fired?  If it does, wouldn't that still make me eligible for back pay even after she was born?

  • 06-13-2011 3:47 PM In reply to

    Re: Whose responsibility is it to end a forced Leave of Abse...

    i don't understand why you seem so resistant to contacting them to find out what your status is. if you're collecting unemployment anyway, and you don't want to go back, then start looking for another job. if you DO want to go back, you're going to need to let them know that. what's the end goal you're trying to accomplish?

  • 06-13-2011 3:50 PM In reply to

    • keemom
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    Re: Whose responsibility is it to end a forced Leave of Abse...

    I'm not resistant to contacting them.  This all happened a year ago.  The baby is now almost 9 months old.  I filed a complaint with the EEOC for pregnancy discrimination and we are now trying to work out a settlement which will include back pay and my reinstatement.  I did not know that I was supposed to contact them after she was born, I had contacted them right after they put me on the LOA to let them know I was still able to continue working and that neither I nor my doctor had requested for me to be put on a LOA.  They knew my due date and never contacted me after I sent them the letter letting them know I was able to work.

  • 06-13-2011 3:54 PM In reply to

    Re: Whose responsibility is it to end a forced Leave of Abse...

    aahh, in that case i think beth has the right answer. i doubt you're going to get to collect 9 months of back pay when you never notified them that you were able to come back to work. the fact that they knew your due date doesn't grant them the knowledge of when you would be able to come back, there are too many factors that could affect that. the onus was on you, not them.

  • 06-13-2011 3:55 PM In reply to

    Re: Whose responsibility is it to end a forced Leave of Abse...

    It states in their LOA paperwork that a leave can not extend 12 weeks, yet they knew that I was not due for 14 weeks.  Does that change anything?

    No, because an employee's medical leave situation can change.  He or she may be released to return to work earlier or, due to a medical complication, may not be able to return when originally anticipated.  It really is the employee's responsibility to keep in touch with the employer while on leave and particularly to advise the employer if anything about their need for leave changes and when they are able to return to work.

  • 06-13-2011 3:58 PM In reply to

    Re: Whose responsibility is it to end a forced Leave of Abse...

    Does the fact that they didn't fight the UC matter?  Does it mean that I was fired?  If it does, wouldn't that still make me eligible for back pay even after she was born?

    No, no, and no.  Whatever went on with any unemployment claim you had/have is completely irrelevant to your discrimination complaint.

    I don't know why your employer didn't contest your unemployment claim, particularly for the period of time you would have been medically disabled from working due to the birth of your child.  Barring any medical complications, that would have been for the first six weeks after the child's birth and longer if you opted for additional "baby bonding" time.

    Perhaps your employer didn't contest your UC claim in the hopes you wouldn't bring a discrimination complaint.  If that's what they were betting on, then they lost that bet.

  • 06-13-2011 4:02 PM In reply to

    • keemom
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    Re: Whose responsibility is it to end a forced Leave of Abse...

    They already knew about the discrimination complaint before I filed, and I filed for it 2 months before she was even due to be born.  I have no idea why they didn't do anything either, but I do know that the letter from UC that I received says their account is not charged because I was "terminated for compelling health reasons".

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