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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 2/7/2011 12:14 PM EST
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Posts: 18
First: 2/3/2011 Last: 2/9/2011 |
Howard7- I'm not sure if you're familiar working in a small company. However, we think that it is a great end to the week when we can all get together and talk about things going on outside of our work life, whether a new baby has been born or a family member has passed away. We like to congratulation or support one another.
We have never had any complaints and even if it was something that was discriminative- you're barking up the wrong tree. There is nothing I can do about it. Like I said working for a small company (of about 60 employees) the CEO has the final say on all matter's. And as he sign's my pay check I'll let him handle his business as he see's fit. Besides, like I said initially, I have bigger battles to try to work with like job stability for those going on maternity leave. People, at least in this company are a lot more concerned with being able to have a family and still be able to return to their job then whether or not it 'offends' them that we are recognizing and celebrating blessings in life. Sometimes you have to choose your battles. |
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No maternity leave = unemployment?
posted at 2/7/2011 1:26 PM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Howard7 does have a point. While I'd agree philosophically that we've gone overboard with individual "rights", the fact remains that filing complaints with the EEOC is free, easy and can be based on any number of grounds including religion. Just because someone hasn't doesn't mean someone won't, and it's our job in HR to make sure there aren't reasons to file.
Perhaps your term "blessings" was a misnomer. Maybe the company uses it, maybe not. Call them "Life's wonders", "great things in my life", "warm fuzzies" and you'd probably be fine and accomplish the same thing. Call them "God's Miracles" and you might get a complaint filed because they weren't called "Allah's Miracles" or "YHWH's Miracles". |
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No maternity leave = unemployment?
posted at 2/7/2011 4:10 PM EST
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Posts: 45
First: 1/13/2011 Last: 4/14/2011 |
It is important that we as professionals maintain the proper balance between doing the best we can and no good deed goes unpunished. If everything we do is out of a concern that we might get sued we are not effective any more than if we say "the boss signs my paycheck." Both points have merit but as always the answer is in the middle. |
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No maternity leave = unemployment?
posted at 2/8/2011 3:42 AM EST
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
HRPro - I absolutely agree with you and depending on the specific details this may not be an issue.
However invoking G-d's name into the workplace can be a "third rail" issue for either the non believers or the other religions "not covered" by these blessings......... There is plenty of precedence for this in the courthouse and EEOC fines. |
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No maternity leave = unemployment?
posted at 2/8/2011 3:48 AM EST
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Posts: 45
First: 1/13/2011 Last: 4/14/2011 |
Howard in some circles I would agree but their are protected organizations out there for that. I'd also do some risk analysis and dependent upon the facts decide if the risk was worth my concern or not. Can't say about this one as facts are not completely in evidence.
Be that as it may, for me and in my experience, this is a topic I have generally not engaged in across my 30 year career in global organizations. It has never been a problem with those who choose not to believe or participate. |
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No maternity leave = unemployment?
posted at 2/8/2011 4:09 AM EST
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
In the past decade, the number of religious discrimination charges filed with the EEOC has risen substantially. In fiscal year 2009, the EEOC received a record 3,386 religious discrimination charges, an 87 percent increase over the number of such charges filed in 1999.
Nigel Telman, a partner who heads Proskauer Roseâs Labor & Employment Law group in Chicago, said religious discrimination and harassment is a particularly important issue for HR and organizations because the EEOC is getting âvery aggressive in its investigations. âI certainly expect to see employees filing more charges of discrimination, including possibly those involving âreverseâ religious discrimination, in the near future,â Telman said. He added that the economic downturn has added a twist. In the past, where an employee might just find another job and quit rather than continue to face what he or she believes to be discrimination, theyâre now more likely to dig in, stay on the job and âfight itâ by filing a charge. Telman said HR should examine harassment prevention policies and make sure mid-level managers in particular understand the policies because âa completely neutral organization may be free of religious discrimination or harassmentâ but a rogue manager with deeply held beliefs can get the company in trouble. |
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No maternity leave = unemployment?
posted at 2/8/2011 4:37 AM EST
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Posts: 18
First: 2/3/2011 Last: 2/9/2011 |
Well anyway. I'll let you all continue my discussion as you have completely turned it around.
I came here asking for help and advice on maternity leave and the fact that we don't offer it. Now I have the CEO making comments about 'hoping no one else is pregnant, and hoping the water purifier has been put in to change whatever is in the water that are getting women pregnant'. These are my real issues, so if you can't help me on what to do about these I have no need to keep reading your comments on this 'blessings meeting'. Surely you can see that the CEO is making it a hostile working environment for women on whether they have babies or not. This, to me, is a much higher priority. |
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No maternity leave = unemployment?
posted at 2/8/2011 4:39 AM EST
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Posts: 8
First: 5/29/2001 Last: 2/9/2011 |
Does the company have Sick Leave for employees? If so, as pregnancy a health condition treated by a medical doctor; then the employee should receive Sick Leave until she is released to return to work by her M.D. Absences related to a pregnancy should be treated consistently with absences for an illness or injury. |
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No maternity leave = unemployment?
posted at 2/8/2011 4:52 AM EST
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Posts: 18
First: 2/3/2011 Last: 2/9/2011 |
Thank you. Unfortunately no, sick leave is not really mentioned in our policy book. We abide by ADA, but being such a small company and pretty young as well we have never had anyone need sick leave.
We have had one previous woman who was pregnant, but there were complications and she was given time off, about 8 weeks or so, but that was due to a c-section and the baby was still in the hospital. When the baby came out of the hospital, she had already returned to work and she was only given 2 weeks. There was nothing in writing, it was all verbal agreements. So it's a mixture of his unnecessary comments and instability of who get's how much time off. |
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No maternity leave = unemployment?
posted at 2/8/2011 5:02 AM EST
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
All you can do and what you must do is to point out the risk and possible financial impact and then the CEO can live with his own risk taking. If he thinks his remarks are just funny and "taken out of context" you will need to explain that the courts and the EEOC will not see it that way.
I would probably send him cases that employers have lost and then he can see the size of the potential damages. You can also make suggestions regarding reducing your practices to writing so that there is consistency and that all employees understand what is and what is not policy. |
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