Post Maternity job problems... HELP

  1. You have chosen to ignore posts from jrrdh05. Show jrrdh05's posts

    Post Maternity job problems... HELP

     I am currently employed full time for a small company. I am a dental hygienist, so finding coverage isnt very simple. 
     Originally my mother-in-law was going to baby sit for us one day a week, and my husband was going to come home early antoher day, so that I would only have to work a day and a half. Recently my mother in-law's job requested that she work on her day off, and she is afraid that if she doesnt they will terminate her.
      My problem is that my boss has already hired someone for my full time position. Is my situation one that I can collect unemployement untill I am able to find another full time job???
       My boss has been away so I havent talked to him about it, but I wanted to get some input....

     
  2. You have chosen to ignore posts from CoffeeQueen. Show CoffeeQueen's posts

    Re: Post Maternity job problems... HELP

    I'm confused....did you leave your job? I ask because you said that your full time position has already been filled. 
     
  3. You have chosen to ignore posts from rhm327. Show rhm327's posts

    Re: Post Maternity job problems... HELP

    I'm not a lawyer or versed in this stuff, but I don't think you'd qualify for unemployment. You agreed with your boss before your maternity leave on a p/t arrangement and they are not backing out of it. It sounds like the decision to leave would then be yours. I'd be curious to see what others think (especially those who know the law better than I do).
     
  4. You have chosen to ignore posts from kargiver. Show kargiver's posts

    Re: Post Maternity job problems... HELP

    I'm too confused to respond, as well, CoffeeQueen. 

    jrrdh, maybe you could reword the situation?
     
  5. You have chosen to ignore posts from kargiver. Show kargiver's posts

    Re: Post Maternity job problems... HELP

    I think what might help me understand is a post like this with the blanks filled in with something from inside the ().

    My regular pre-pregnancy work schedule is ________ (days of the week) for a total of ___ hours.  My arrangement with my boss for when I return to work was to have a schedule of ____________ (days of the week) for a total of ___ hours.  I am currently___________ (pregnant, out on leave now, back to work, laid off).
     
  6. You have chosen to ignore posts from clynn5683. Show clynn5683's posts

    Re: Post Maternity job problems... HELP

    It sounds like a very difficult situation but one that many new mom's find themselves in.  The basic requirements for collecting unemployment in the Commonwealth of Massachusetts are:

    1.  You must have been employed

    2.  You must be determined to be unemployed through no fault of your own as defined under Massachusetts law.

    3.  You must file ongoing claims and respond to quesetions concerning your continued eligibility.  You must report any earnings from work and any job offers or refusal of work during any claim period.

    4.  Meet any other unemployment eligibility requirements of Massachusetts law.

    The exception to #2 is if you were to leave because for urgent, compelling and necessitous reasons; caused by circumstances beyond the claimant’s control; or coerced or required by the employer.

    One may think your case would automatically fall into the exception since losing your sitter is out of your control but the rebuttle to that exception is the fact that you can easily find another sitter to replace your mother-in-law for the one day a week, albeit you may have to pay when you would otherwise had gotten the service for free. 

    Your posting does confuse me a bit when you say that you were planning on working a day and a half and your boss has hired somebody to replace your full time hours.  If you made arrangements with your boss in advance and told him that you would not be returning full time and he then hired somebody to supplement your hours then your boss is not at fault.  If you made arrangements with your boss in advance and told him that you would be returning full time and he then hired somebody to replace you then he may have violated your rights under the Massachusetts Maternity Leave Act (MMLA).  Simly put, if you give your employer at least two weeks notice of your anticipated date of departure and intention to return then your employer must grant eight weeks of unpaid maternity leave.  An employer cannot refuse to grant MMLA leave on the grounds that doing so would constitue a hardship.  Furthermore, The MMLA requires that an employee on leave be restored to her previous or a similar position upon her return to employment following leave. That position must have the same status, pay, length of service credit and seniority as the position the employee held prior to the leave. If an employee's job was changed temporarily because of her pregnancy prior to leave (e.g., her hours were reduced or her duties were changed as an accommodation) she should be restored to the same or similar position held prior to such temporary change.  To read more about the MMLA you can go to:  http://www.mass.gov/mcad/maternity1.html

    I don't know if this falls into what you were saying about your boss hiring another person to replace you, if it does not then please elaborate a little so I can better understand your issue.
     
  7. You have chosen to ignore posts from jrrdh05. Show jrrdh05's posts

    Re: Post Maternity job problems... HELP

    Sorry for being so confusing

      My current pre-baby work schedule is 4 days per week, about 34 hours per week.  My arrangement with my boss for when I return to work was to have a schedule of 1 day a week to start.  I am currently pregnant, and have not yet gone on maternity leave. 
      Our daycare plan was for my mother-in-law to care for our child on that one day per week. Recently my mother-in-law was informed that she will be needed at work on that day, so she cant care for our child. My husband and I looked into daycare, and for us to be able to make ends meet I would have to work 3-4 days per week.
      My boss has hired someone to work the 4 days per week while I am on maternity leave, and to cut back to 3 days per week when I return.
      My boss has been out of the office, so we havent been able to discuss my new situation..
      I am just wondering if I can collect unemployement untill I find a new job..
     
  8. You have chosen to ignore posts from rhm327. Show rhm327's posts

    Re: Post Maternity job problems... HELP

    Again, I'm not lawyer or expert, but I'd doubt you can qualify for unemployment.
     
  9. You have chosen to ignore posts from Prill. Show Prill's posts

    Re: Post Maternity job problems... HELP

    I have some knowledge of unemployment/COBRA etc and if you resign, then it is unlikely you will qualify.

     
  10. You have chosen to ignore posts from kargiver. Show kargiver's posts

    Re: Post Maternity job problems... HELP

    Much clearer, thank you!

    You want unemployment because your childcare arrangements fell through and you need a new job, it sounds like.  I don't think that qualifies you for unemployment.  Otherwise, everyone would leave their jobs and collect unemployment while they looked for another one.  Right? 

    I'm not an expert in this area of the law, however, so I can't say for sure.  Good luck!
     
  11. You have chosen to ignore posts from CoffeeQueen. Show CoffeeQueen's posts

    Re: Post Maternity job problems... HELP

    I agree with the other ladies. I'm pretty positive that you would not be eligible for unemployment should you choose to leave your current part time position to search for a new job.  To qualify you would need to be laid off or fired.

    My recommendation would be to speak to your boss before going and looking for a new job and try to get a sense of what he or she thinks can be done. If their hands are tied up with this new person, then I would weigh your options of being unemployed and looking for a new job (without an unemployment benefit) or possibly paying a home care person $50/day or a center $60 - $80/day for your one day of coverage.  My fiance is currently unemployed (he was laid off when his company went under last summer) and we are very fortunate that there is still some monetary contribution coming in via unemployment so we don't have to wipe out our savings for household expenses. It's a different industy than dental hygeine and he's already 7 months into being laid off and the end does not appear near.  I would think about what you would do without any income before quitting your job for who knows how long. To me, it sounds like your employer is pretty flexible if they are willing to have you jobshare the coverage in the office. I would definately talk to your boss first.
     
  12. You have chosen to ignore posts from princess-cal. Show princess-cal's posts

    Re: Post Maternity job problems... HELP

    I agree with the others.  It's your choice that you would be unemployed.
     
  13. You have chosen to ignore posts from jrrdh05. Show jrrdh05's posts

    Re: Post Maternity job problems... HELP

    Thank you very much for the input.
     
  14. You have chosen to ignore posts from framerican51008. Show framerican51008's posts

    Re: Post Maternity job problems... HELP

    I am not saying it's ethical by any means, but if your boss agreed to "lay you off" you might be able to collect.  Sounds like he/she is accomodating, but I guess that isn't too likely.
     
  15. You have chosen to ignore posts from princess-cal. Show princess-cal's posts

    Re: Post Maternity job problems... HELP

    I agree franco - that is unethical.  Who do yout think pays for unemployement?  
     
  16. You have chosen to ignore posts from ALF72. Show ALF72's posts

    Re: Post Maternity job problems... HELP

    This is why people should not discuss part time or reduced hour schedules w/ bosses until they are actually on leave.  You never know what is going to change between when you get pg and when the child arrives.  Yes, it may negatively impact the office, but the alternative is to be out of a job and have no income. 
     
  17. You have chosen to ignore posts from kargiver. Show kargiver's posts

    Re: Post Maternity job problems... HELP

    ALF, yes.  I got put down for telling someone in another thread to keep their plans to themselves, but this is exactly why I did.  Nothing is for certain even if you think it is rock solid until it actually IS.  Of course, this is not to put down this poster at all, but to encourage others to learn from this experience.
     
  18. You have chosen to ignore posts from clynn5683. Show clynn5683's posts

    Re: Post Maternity job problems... HELP

    You have to give your employer 2 weeks notice before you go on maternity leave, stating your intentional plans, otherwise you will not be protected under the Massachusetts Maternity Leave Act. 
     
  19. You have chosen to ignore posts from ALF72. Show ALF72's posts

    Re: Post Maternity job problems... HELP

    Yeah, that's why you tell them "yes, I'm coming back". You can always change that status later on.  I had a friend who knew she wasn't going back after she had her twins [would have been cost prohibitive for her to work] but she told her employer that she was so that she could retain her health insurance and benefits throughout her pregnancy.  She would have been a fool not to do so. 
     

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