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No maternity leave = unemployment?
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No maternity leave = unemployment?
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
If we don't offer maternity leave can employees collect unemployment?
We are a small company- we do not come under FMLA (we have about 30 employees within a 75 mile radius.
One of our employees is p
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Forums » Topic Forums » Legal Forum » No maternity leave = unemployment?
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No maternity leave = unemployment?
posted at 2/4/2011 3:20 AM EST
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Posts: 18
First: 2/3/2011 Last: 2/9/2011 |
@HRPro-
Thank you for agreeing about the EEOC complaint. Being a recruiter I feel an obligation not just to the company but the employee I hired. I will tell her all her options, including her choice of complaining to the EEOC. However, I obviously don't want our company to get sued, is this possible? |
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No maternity leave = unemployment?
posted at 2/4/2011 3:52 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Whoa there, Alicia. Before you advise the employee of his/her legal options, keep in mind the name that's on your paycheck! It's not the name of your employee. You are a representative of the company.
Yes, the employee could file a complaint. Your appropriate course of action is to present this to your HR Director (who should know this already), not to the employee. If the HR Director decides to do nothing, that's on her and the company, not you. |
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No maternity leave = unemployment?
posted at 2/4/2011 3:59 AM EST
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Posts: 18
First: 2/3/2011 Last: 2/9/2011 |
Yes, you're right. I'm pleased I came here. This was very helpful. Thank you.
I think I'd rather keep my job too!! I just get frustrated at how some companies treat their employees and get away with it! |
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No maternity leave = unemployment?
posted at 2/4/2011 6:03 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
That's why there's a whole body of federal, state and local employment laws out there, Alicia, and agencies to enforce them. In a perfect world, there would be no need for them but sadly it's not.
As HR professionals, we can advise management on how to create and maintain an environment of fairness and respect for employees - in a well managed company, that's one of the reasons we get paid. In a poorly managed company, we get paid in part to keep the lawsuits away. If you're in the latter category of company, I don't think you'll want to be associated with that organization for long. Good luck! |
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No maternity leave = unemployment?
posted at 2/4/2011 7:21 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Agree with everything Nork stated and just wanted to reiterate that when you are in HR, you MUST remember who you work for at all times. It is probably what makes HR hated at times by the general employee. And I suspect it is even a harder line to walk as a recruiter (and one of the reasons that recruiting is one of the very last tasks that I would ever request!)
I would be VERY careful about what you say directly to an employee about disagreeing with ANY company policies (even if you feel they might cross the line on legality). Instead definitely go UP the chain of command. Otherwise, you will not last long in the HR world. |
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No maternity leave = unemployment?
posted at 2/4/2011 9:20 AM EST
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
@aliciajane-Before we move on to other issues, could you elaborate on recruiting for a "Christian Company". What exactly does this mean and how does it come into play in your recruitment of staff? |
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No maternity leave = unemployment?
posted at 2/7/2011 11:56 AM EST
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
"Howard7- Don't read too much into that. We just hold blessings at the end of each week. We don't discriminate against religion.
Let's not lose focus of the discussion." I know I will be opening up a big can of worms but that has not stopped me in the past so here goes. Yes I believe you are discriminating. "We JUST hold blessings........" Do you understand that you have now established this religion as the company endorsed standard. Does not matter what faith it is. Does not matter if it is just a broad Christian prayer. This is taking place in the workplace. There are two possible bad outcomes from this. 1. Anyone who is not of that faith or does not beleive in religion (many do not) will feel compelled to attend. No one wants to be seen as an outsider or not a team player but they will be very uncomfortable. (do you care? if yes then stop the practice) 2. If they do not attend and then any decision or outcome is made that they feel is incorrect or unjust, they will file a claim and tell the government that it is because they did attend these Blessing sessions that the actions were taken against them. (do you care? Yes you do!) Regardless of your best intentions you just cannot have this in the workplace and expect that ultimately that there will not be a bad outcome IMHO. |
Forums » Topic Forums » Legal Forum » No maternity leave = unemployment?
