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 Post subject: hey obner lawyers....
PostPosted: Mon Jan 29, 2007 4:17 pm 
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frostingspoon
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sorry for the NMR, but we just got back from vacation and my wife -- who is on maternity leave from her company -- came home to a "seperation package" on our front porch. this was totally expected, but what wasn't expected was that her (and our newborn) health coverage stops on january 31st. Cobra is an option, and i'm already in the process of moving them to my insurance plan, but i don't think that is even a possibility to do in 2 days. her leave was scheduled to last until mid-February, which is when we had planned to have her moved to my insurance. is it total BS that they've given her basically 5 days notice to find new health insurance? doesn't FMLA guarantee 12 weeks of coverage?

edit: "seperation package" = fancy lingo for laid off


Last edited by e-stone on Mon Jan 29, 2007 4:19 pm, edited 1 time in total.

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PostPosted: Mon Jan 29, 2007 4:19 pm 
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That's awful. Sorry to hear that Jason.


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PostPosted: Mon Jan 29, 2007 4:20 pm 
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DAMN. Well, fuck you too, huh? That sucks Jason. I am curious as to the answer.

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PostPosted: Mon Jan 29, 2007 4:21 pm 
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thanks chris. overall it's actually great...she was going to quit anyways come mid-february. this way she actually gets a nice severence package vs. nothing if she quits.

it just pisses me off that this shitty company blindsides someone on maternity leave with less than a week to find coverage for an infant.


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PostPosted: Mon Jan 29, 2007 4:26 pm 
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frostingspoon

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its bs to notify her like that and we would not do it like that. we would wait til the employee came back in the office and then notify them in person and if necessary move out the exit date to give her the same notice as everyone else.

you arent protected from job elimination while on vacation. if she was already on leave then you'd have something.

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PostPosted: Mon Jan 29, 2007 4:32 pm 
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rparis74 Wrote:
you arent protected from job elimination while on vacation. if she was already on leave then you'd have something.

we were on vacation, but she supposed to be on maternity leave through February 12th. the letter went out on the 25th, we would've gotten it on the 26th if we were home...giving her 5 days notice. as it is, we just got back last night, so we've got 2 days.

do we got something?

how much do you charge?


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PostPosted: Mon Jan 29, 2007 4:34 pm 
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and maybe this additional info will help too...it was a mass RIF due to her old company being bought out by a bigger, meaner company. so it's not like she was singled out.

still, i'd think that her being on leave for the 12 weeks that FMLA calls for would have to be honored?


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PostPosted: Mon Jan 29, 2007 4:36 pm 
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rparis74 Wrote:
its bs to notify her like that and we would not do it like that. we would wait til the employee came back in the office and then notify them in person and if necessary move out the exit date to give her the same notice as everyone else.

you arent protected from job elimination while on vacation. if she was already on leave then you'd have something.


You niggas talk a good game, & rag on me without end for my "illiteracy" but when it comes to yourselves... Damn, brotha, give a nigga a break.

How you could read e:stone's post & think that his wife was on holiday from work, i.e. vacation, & not on a medical leave, i.e. maternity leave, is beyond me. But, whatever, peoples. You always right, I'm always wrong.


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PostPosted: Mon Jan 29, 2007 4:41 pm 
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frostingspoon

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elephantstone Wrote:
rparis74 Wrote:
you arent protected from job elimination while on vacation. if she was already on leave then you'd have something.

we were on vacation, but she supposed to be on maternity leave through February 12th. the letter went out on the 25th, we would've gotten it on the 26th if we were home...giving her 5 days notice. as it is, we just got back last night, so we've got 2 days.

do we got something?

how much do you charge?


what should have happened is that they notify you while she is on leave. she takes her remaining 12 weeks (or whatever she has) of leave. when she gets back, then she is terminated and buys COBRA. i really dont think they can just fire you while you are on leave. at least we would not do that. id look into it - call them.

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Last edited by rogneeb on Mon Jan 29, 2007 4:48 pm, edited 1 time in total.

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PostPosted: Mon Jan 29, 2007 4:48 pm 
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frostingspoon
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rparis74 Wrote:
elephantstone Wrote:
rparis74 Wrote:
you arent protected from job elimination while on vacation. if she was already on leave then you'd have something.

we were on vacation, but she supposed to be on maternity leave through February 12th. the letter went out on the 25th, we would've gotten it on the 26th if we were home...giving her 5 days notice. as it is, we just got back last night, so we've got 2 days.

do we got something?

how much do you charge?


when was the leave supposed to run?

now you're just fucking with monty, right?


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PostPosted: Mon Jan 29, 2007 4:49 pm 
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frostingspoon

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see above edit. i decided to just ignore monty

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PostPosted: Mon Jan 29, 2007 4:55 pm 
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rparis74 Wrote:
see above edit. i decided to just ignore monty


Great attitude. When you're called on your bullshit, especially when it's bullshit on which you feel free -- nay, obligated -- to call me, you just ignore.

Nice knowing ye, Rod.


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PostPosted: Mon Jan 29, 2007 4:57 pm 
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frostingspoon

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not sure i ever called you on any reading comprehension issues.

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PostPosted: Mon Jan 29, 2007 5:05 pm 
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rparis74 Wrote:
elephantstone Wrote:
rparis74 Wrote:
you arent protected from job elimination while on vacation. if she was already on leave then you'd have something.

we were on vacation, but she supposed to be on maternity leave through February 12th. the letter went out on the 25th, we would've gotten it on the 26th if we were home...giving her 5 days notice. as it is, we just got back last night, so we've got 2 days.

do we got something?

how much do you charge?


what should have happened is that they notify you while she is on leave. she takes her remaining 12 weeks (or whatever she has) of leave. when she gets back, then she is terminated and buys COBRA. i really dont think they can just fire you while you are on leave. at least we would not do that. id look into it - call them.


IF it is covered by FMLA, I think you have a guaranteed position when you get back. So after the 12 weeks, then there must be a position (although it doesn't have to be the same one) after the 12 weeks. But make sure it's covered by FMLA before going nuts. If it's not, all bets are off (I believe) unless there is a company policy that states otherwise. I'm certainly not an expert on this, but have a little experience with employees of our firm.

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PostPosted: Mon Jan 29, 2007 5:07 pm 
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yeah i guess the difference is that we do redeployments so its not technically a RIF.

just checked our policy and we do indeed not put people back to their job if their job is eliminated during leave for reasons unrelated to the leave. but we let you go once you get back from the leave.

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 Post subject:
PostPosted: Mon Jan 29, 2007 5:13 pm 
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FMLA doesn't normally protect against RIFs if the layoff isn't singling out the one employee on leave. If it's a RIF that is happening to an entire department and the employee on leave is part of that department, FMLA won't protect their job in that situation.

This is from the FAQ on the department of labor website:

Q: Are there other circumstances in which my employer can deny me FMLA leave or reinstatement to my job?

In addition to denying reinstatement in certain circumstances to "key" employees, employers are not required to continue FMLA benefits or reinstate employees who would have been laid off or otherwise had their employment terminated had they continued to work during the FMLA leave period as, for example, due to a general layoff.

http://www.dol.gov/elaws/esa/fmla/faq.asp


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PostPosted: Mon Jan 29, 2007 5:14 pm 
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i think there is something in the FMLA about mass RIF's being an exception. i've gotta run through it again. pretty shitty way to do things though even if it is legal.

i guess worst case we go with COBRA for a month until my insurance kicks in.

thanks for the responses though guys.


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PostPosted: Mon Jan 29, 2007 5:15 pm 
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NeZ Wrote:
FMLA doesn't normally protect against RIFs if the layoff isn't singling out the one employee on leave. If it's a RIF that is happening to an entire department and the employee on leave is part of that department, FMLA won't protect their job in that situation.

This is from the FAQ on the department of labor website:

Q: Are there other circumstances in which my employer can deny me FMLA leave or reinstatement to my job?

In addition to denying reinstatement in certain circumstances to "key" employees, employers are not required to continue FMLA benefits or reinstate employees who would have been laid off or otherwise had their employment terminated had they continued to work during the FMLA leave period as, for example, due to a general layoff.

http://www.dol.gov/elaws/esa/fmla/faq.asp

and there you have it...thanks for posting this.


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PostPosted: Mon Jan 29, 2007 5:23 pm 
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elephantstone Wrote:
i think there is something in the FMLA about mass RIF's being an exception. i've gotta run through it again. pretty shitty way to do things though even if it is legal.

i guess worst case we go with COBRA for a month until my insurance kicks in.

thanks for the responses though guys.


I think she should be able to continue her office coverage, as long as you guys pay the full premium for a month, if the employer will allow it. It might be easier/cheaper. I did that when I switched jobs. I just paid to my previous employer (had it withheld from my last check) the amount due for the insurance.


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PostPosted: Mon Jan 29, 2007 5:33 pm 
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crutches of destruction Wrote:
How you could read e:stone's post & think that his wife was on holiday from work, i.e. vacation, & not on a medical leave, i.e. maternity leave, is beyond me. But, whatever, peoples. You always right, I'm always wrong.


Aww. I won't ignore you Monty.

It appears that although his wife is on maternity leave, your reading is all jacked again because not only was she on maternity leave, but apparently they were both on vacation as well. I guess you're still wrong. :)


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PostPosted: Mon Jan 29, 2007 5:40 pm 
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Hegel Wrote:
crutches of destruction Wrote:
How you could read e:stone's post & think that his wife was on holiday from work, i.e. vacation, & not on a medical leave, i.e. maternity leave, is beyond me. But, whatever, peoples. You always right, I'm always wrong.


Aww. I won't ignore you Monty.

It appears that although his wife is on maternity leave, your reading is all jacked again because not only was she on maternity leave, but apparently they were both on vacation as well. I guess you're still wrong. :)


I understood that. But she was not on a vacation from home while making use of "vacation hours" at her job. She was on maternity leave, & while on said leave, took a vacation with her husband & child.

So, you're wrong, puppy-killin', pre-marital-sex-with-forty-year-old-baby-mothers-havin', evangelic-christian, republican-votin' man.


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PostPosted: Mon Jan 29, 2007 6:10 pm 
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crutches of destruction Wrote:
Hegel Wrote:
crutches of destruction Wrote:
How you could read e:stone's post & think that his wife was on holiday from work, i.e. vacation, & not on a medical leave, i.e. maternity leave, is beyond me. But, whatever, peoples. You always right, I'm always wrong.


Aww. I won't ignore you Monty.

It appears that although his wife is on maternity leave, your reading is all jacked again because not only was she on maternity leave, but apparently they were both on vacation as well. I guess you're still wrong. :)


I understood that. But she was not on a vacation from home while making use of "vacation hours" at her job. She was on maternity leave, & while on said leave, took a vacation with her husband & child.

So, you're wrong, puppy-killin', pre-marital-sex-with-forty-year-old-baby-mothers-havin', evangelic-christian, republican-votin' man.


First of all it's ACCIDENTAL puppy-killin. Second, I never had sex with a forty year old woman. A woman in her mid-thirties may or may not have fooled around with me. Third, Christian is right. Fourth, I have never voted. Fifth, I am a man. You got two and a half out of 5. Either way, 50% is still an F.


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PostPosted: Mon Jan 29, 2007 6:24 pm 
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Hegel Wrote:
crutches of destruction Wrote:
Hegel Wrote:
crutches of destruction Wrote:
How you could read e:stone's post & think that his wife was on holiday from work, i.e. vacation, & not on a medical leave, i.e. maternity leave, is beyond me. But, whatever, peoples. You always right, I'm always wrong.


Aww. I won't ignore you Monty.

It appears that although his wife is on maternity leave, your reading is all jacked again because not only was she on maternity leave, but apparently they were both on vacation as well. I guess you're still wrong. :)


I understood that. But she was not on a vacation from home while making use of "vacation hours" at her job. She was on maternity leave, & while on said leave, took a vacation with her husband & child.

So, you're wrong, puppy-killin', pre-marital-sex-with-forty-year-old-baby-mothers-havin', evangelic-christian, republican-votin' man.


First of all it's ACCIDENTAL puppy-killin. Second, I never had sex with a forty year old woman. A woman in her mid-thirties may or may not have fooled around with me. Third, Christian is right. Fourth, I have never voted. Fifth, I am a man. You got two and a half out of 5. Either way, 50% is still an F.


Ok. I'm just getting held back a grade. Meanwhile, you're going to Hell (per your faith's strictest dicta, & those are the ones I'm sure you honour), as I'm fairly certain that said "mid-thirties" woman was not your wife at the time.

STONE THE FORNICATOR.

Also, per Chris Rock, if a woman says she's twenty, & looks sixteen, she's twelve. If she says she's twenty-seven, & looks twenty-seven, she's damn near forty. Now, if she's thirty-five, & looks thirty-five... She's practically menopausal.


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PostPosted: Mon Jan 29, 2007 6:31 pm 
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crutches of destruction Wrote:
STONE THE FORNICATOR.


By the grace of God, I sure as hell don't smoke weed. :)

Believe it or not, sometimes even Christian's make mistakes and do things they regret. Shocking, I know. I also am sorry that there must have been people who were Christian's, at least self-professed, that condemned you in some way. Let it go, Monty.

Robin Williams and Matt Damon in Good Will Hunting:

"It's not your fault"

"Fuck you!"

"IT'S NOT YOUR FAULT"

"FUCK YOU!"

It's not your fault"

*crying*

It's ok Monty. We all love you in a "you're still part of the human race" kind of way.


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PostPosted: Mon Jan 29, 2007 8:33 pm 
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Better thread title: Obner Bar


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