#1  
Unread 01-29-2009, 08:56 AM
LMT
 
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Default Are we obligated to bring employee back to work after a leave of absence (birth of child)

A new employee left to have a baby and took a leave of absence. She did not have enough time with our compnay to be eligible for FMLA. Our state does not have laws regarding the return to a position if you take a leave of absence due to a birth of a child.

Before the employee left, the director of that department indicated to her that there would be no problem bringing her back to work once her leave ended. However, due to budget constraints and issues, we want to eliminate that position. She was the first person in this position and the position can not be justified based on revenues the department.

Do we have to bring the employee back? Is there an implied contract, etc. based upon what the Director stated to the employee?
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  #2  
Unread 01-29-2009, 09:27 AM
NaeNae55
 
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Default RE: Are we obligated to bring employee back to work after a leave of absence (birth of child)

[font size="1" color="#FF0000"]LAST EDITED ON 01-29-09 AT 04:28PM (CST)[/font][br][br]It really depends upon the director's exact words, and if it was in writing or verbal. If the director spoke more to the fact that though the employee did not qualify for FMLA she could still take leave, as opposed to telling her there would be a job waiting for her at the end of her leave. If it was the latter, you may have an issue.

If it was me (and not in writing), I might go ahead and term anyway. If you have plenty of evidence that the termination is due to business conditions and not the pregnancy, you are probably ok.


Good luck!

Nae
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  #3  
Unread 01-29-2009, 09:35 AM
joannie
 
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Default RE: Are we obligated to bring employee back to work after a leave of absence (birth of child)

Adding to what Nae said, if you don't already have it in your handbook, put in a disclaimer that no one, other than, (executive of your choice, president in our case) has the authority to enter into an employment contract, either verbal or written.
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  #4  
Unread 01-29-2009, 09:48 AM
Dutch2
 
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Default RE: Are we obligated to bring employee back to work after a leave of absence (birth of child)

Amen to what Joannie said...
Tie this in with your At-Will statement.
Ours is something like: This at-will relationship cannot be modified or changed during your employment except by specific written agreement between you and the Company, signed by the President / Chief Executive Officer.
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  #5  
Unread 01-30-2009, 03:04 AM
jennifer jo
 
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Default RE: Are we obligated to bring employee back to work after a leave of absence (birth of child)

All of this is really good advice. We have an ee who will be going out on maternity leave and is not covered by FMLA. I'll keep this in mind, as we too are going through a budget crunch.
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  #6  
Unread 01-30-2009, 04:33 AM
C Wilson
 
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Default RE: Are we obligated to bring employee back to work after a leave of absence (birth of child)

Since the position she held is being eliminated, I don't see a problem with not bringing her back. I
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