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amanda103, As a matter of fact, yes. Four days after posting that message, my boss called me into his office after our Monday morning sales meeting and told me that he did not want me in the field any longer, but that I could continue working from home without any interruption in my pay or benefits and where this may all sound very generous of him, I had absolutely no say in any of it and couldn't help but get the feeling that I was somehow or another being set up. My due date was still two months out at this time and since I'm having a c-section, I'm going to need a minimum of six weeks to recover before returning to work full time. That puts us at 3 1/2 months and under the FMLA guidelines, you are only permitted 12 weeks of secured leave. In spite of my absence, I have managed to keep my sales figures up by keeping in touch with my customers via the telephone and e-mail and everything seemed to be going very well until the other day when I received this proposterous e-mail from my boss accusing me of being insubordinate and of inconveincing the company by being away on leave. It's kind of a long story, but to make a long story short, the entire e-mail was nothing more than a bunch of trumped up c___p designed to make me look as though I had done something wrong. My guess is that it's going to be used as doc_mentation to try and fire me without it looking lke it had anything to do with my being pregnant, but I have kept everything carefully doc_mented ever since I first suspected that something like this was going to happen. I responded to his e-mail by reminding him that it was not my choice to take the leave, in the first place and that if I had been given a choice in the matter, I would have continued working for as long as possible. I'm not exactly sure what he thinks he's up to or who he thinks that e-mail is supposed to be fooling, but he has obviously miscalculated my intelligence if he thinks he's going to get away with it. I spoke to an attorney briefly on the subject and was advised to continue doc_menting every conversation, e-mail and event that may prove to be pertinent and I have every intention of filing a lawsuit if neccessary, in order to protect my rights. In the meantime, I'm going to continue working from home, just as I had agreed, and try not to allow myself to get too worked up over the whole situation. This is supposed to be a happy time in my life and come what may, I just want to be able to enjoy it. Thanks for your concern and I will keep you posted of any new developements.
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Mongosmrs, if you're working from home, you're not on leave, so your employer has no right to take any of your FMLA time away from you. Working is working. They must also have you sign something or put you on notice that you're using FMLA. It doesn't sound like this is what it is. You did not request this change, it was forced on you. Your employer should have an HR person to let them know they are in deep trouble if he tries to pull anything.
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I am also in a similar situation. mine is under lost job because of pregnancy....
my HR person has alot of authority at my work and I don't even knw if she conuslted other people. The said they couldn't comply with the dr's restrictions... BS! I feel for you! I am also loking into seeing what can be done about it.... Its not that I want my job back I just want them to know they can't do this to women! THere are two others on my shift doing the same things with no resrictions at this time and now I am told that they are pushing them to do their job no matter what. We have to pick up some heavy boxes at times and my dr had me on 30 lbs lifting, the job requirement is 50, and they say they can't comply with that. I am worried about the other two that they will push them and fire them also so I gotta act fast! Monday I am call the US LAbor Dept. Womens Bureau to make sure I am in the right, then the EEOC will get a call. I'm angry that they think they can get away with it, when I brought up to HR about the Pregnancy Discrimination Law of 1978, she knew nothing of it! So now I think I have them scared because now she doesn't avoid my calls and questions about COBRA ins. At first she did not return my calls, then it would be two or three days later now it's within an hour!
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Yes, your HR person screwed up big time and knows it.
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