Court: It’s OK to axe mom

[formerlurker]

Court: It’s OK to ax mom
Rules state law covers just 8 weeks of unpaid maternity leave
By Jessica Van Sack  |   Tuesday, August 10, 2010  |  http://www.bostonherald.com  |  Business & Markets

Photo by Matthew West
Bay State mothers-to-be blasted a controversial ruling by the state’s highest court yesterday allowing employers to give pregnant women the boot if their maternity leave lasts more than eight weeks.

“It basically really saddens me - it’s extremely disheartening,” said Christine Koh, 36, of Medford, who runs BostonMamas.com and recently found out she is expecting her second child. “It’s extremely backward.”

Justice Francis Spina wrote in the decision that “a female employee is only entitled to (the Massachusetts Maternity Leave Act) when she is absent from employment for no more than eight weeks.”

http://bostonherald.com/business/general/view.bg?articleid=1273462&format=text

 

1) This is MA;

2)  Wow. 

[Pat]

direct violation of FMLA, watch for Holder to sue

[rich_t]

direct violation of FMLA, watch for Holder to sue

State law guarantees women unpaid leave of up to eight weeks, which is often superceded by federal laws that guarantee 12 weeks of leave for workers at companies with 50 or more employees.

[JohnnyReb]

State law guarantees women unpaid leave of up to eight weeks, which is often superceded by federal laws that guarantee 12 weeks of leave for workers at companies with 50 or more employees.

So, if they get pregnant once a year and give birth, they can have 12 weeks paid vacation plus maybe 4 weeks company paid vacation = 16 weeks or 4 months off with pay and benefits each year......that ain't fair to us fellows.... .

[thundley4]

So, if they get pregnant once a year and give birth, they can have 12 weeks paid vacation plus maybe 4 weeks company paid vacation = 16 weeks or 4 months off with pay and benefits each year......that ain't fair to us fellows.... .

I thought all time off under the FMLA was unpaid?

[Eupher]

I thought all time off under the FMLA was unpaid?

That's my understanding as well.

I took a month off - unpaid - under FMLA when my Dad got sick. I'm too damned old for paternity leave.       

Then there's the woman where I work who actually had the nerve to apply for FMLA to get a boob job. (I don't know if it was actually approved, but knowing the company I work for - she probably got it.    )

[rich_t]

I thought all time off under the FMLA was unpaid?

It is.

[rich_t]

Also sporting a baby-bump yesterday was Milton hairstylist Sandra Carter, 26, who wondered how mothers could be expected to leave their infants at just 2 months old. Carter, whose due date was yesterday, said she’s one of the lucky ones - she doesn’t have to worry about jetting back to work, but she thinks the state should mandate a 12-month maternity leave.

Young, stupid and probably an Obama fan.

[JohnnyReb]

I thought all time off under the FMLA was unpaid?

I see I was wrong....and you know, like most people, I hate to admit it....

...but then, knowing democrats, maybe I was just a little premature in anouncing it.

[TJ]

The concept of personal responsibility would dictate that one think about how to deal with child care before procreation.

[Celtic Rose]

I'll be honest, I think 2 months to is too short for maternity leave, but I'm also the sort of person who is planning to stay home with my kids if there is any reasonable way to afford to do so. 

[Eupher]

The concept of personal responsibility would dictate that one think about how to deal with child care before procreation.

Well, now THERE's a thought.

This whole thing is yet another glaring example of the entitlement attitude that infects far, far too many of us these days. And dare I say, my own experience reveals that it's younger people who sport this kind of attitude more often than not.

No reflection on you, TJ, as I know nothing about you.

[Wineslob]

Flame me all you want, but why should an employer be burdened with a 12 Month (if it happened) leave of absence? If a woman makes the decision to have children, bear the responsibility. IMO this is where children are viewed as a "temporary" setback, a view which I find wrong.

[Eupher]

Flame me all you want, but why should an employer be burdened with a 12 Month (if it happened) leave of absence? If a woman makes the decision to have children, bear the responsibility. IMO this is where children are viewed as a "temporary" setback, a view which I find wrong.

No flame from me. Spot-on, in fact.

Why the hell should the REST of the workers shoulder the load while a man or woman goes to take "paternity/maternity" leave for extended periods of time?

A family decides to have babies? Great! Leave the frickin' work force entirely, then. They should have their family, then come back when they can shoulder their fair share.

Can't afford it? Great! Don't have babies!

Stop pushing your decisions onto the workforce.

Shit pisses me off.

[debk]

My daughter works at a walk-in medical clinic. She's one of two radiology techs.

She worked the day before she went in for a C-section, and was off for 8 weeks with pay. It would have been 6 weeks with pay, for a regular delivery.

Her husband is a radiology intervention tech at UT Hospital, and he was allowed 7 days FML, but I don't think he got paid.

He had a total hip replacement 3 months later, and she was not allowed to take FML to help him. His surgery was scheduled on her day off.

[AllosaursRus]

My daughter works at a walk-in medical clinic. She's one of two radiology techs.

She worked the day before she went in for a C-section, and was off for 8 weeks with pay. It would have been 6 weeks with pay, for a regular delivery.

Her husband is a radiology intervention tech at UT Hospital, and he was allowed 7 days FML, but I don't think he got paid.

He had a total hip replacement 3 months later, and she was not allowed to take FML to help him. His surgery was scheduled on her day off.

I had to give up my Hpme Depot job about a month ago. I find out the 15th when they're going to install a plate in my neck to compliment the 6 screws in my lower back.

"Toots" accrues sick leave and vacation by the number of hours worked, so we don't have a problem with her taking a few days off. I thought most companies did it this way.

Did she not have any time accrued? I thought the Medical Profession would be the first to understand things like this.

[IassaFTots]

FML or FMLA are the Umbrellas that protect your time off for you, or your family member.  (Maximum of 12 weeks, typically in a rolling year, dependent on employer policy)   They don't pay you.  The pay comes from your Short Term Disability Plan, or any sick time you might have.  The 6 and 8 week off for delivery is standard protocol, under most STD plans, and/or state plans. 

[debk]

I had to give up my Hpme Depot job about a month ago. I find out the 15th when they're going to install a plate in my neck to compliment the 6 screws in my lower back.

"Toots" accrues sick leave and vacation by the number of hours worked, so we don't have a problem with her taking a few days off. I thought most companies did it this way.

Did she not have any time accrued? I thought the Medical Profession would be the first to understand things like this.

She had Madelyn Oct 28, and went back to work the first week of January. My SIL had his surgery the first week of February. (he just turned 30 in June... ) She'd only been back a month, and there's only one other tech.

He was in the hospital for almost a week, then went to rehab for almost 2 more weeks. He went back to work 4 weeks after surgery. He works in the Trauma Unit, it's the only Level 1 Unit, in the area...and there are only 3 or 4 techs, who do what he does.  

Her schedule is strange. One week she works, M, T, F, S,S. The next she works only W, Th. During the week, she works 8-8, and weekends 9-5, but they rarely get out on time. Because she's needed for x-rays, and has learned to draw blood, give shots, etc, and because the dr can't be left alone if there are patients there from a liability position, she leaves when the dr does.

Even though she didn't get to take time off, per se, they worked it out, and they were pretty familiar with what they were facing when he had the surgery. They just didn't think it would have to be done as soon as it was, but he was in so much pain, having fluid drawn off, and steroid injections into it. He had a congenital hip deterioration problem, that they think Madelyn may have too.   The worst thing out of all of it, is that the "new" hip, isn't doing well. They splintered his femur installing it, and there have been a lot of problems. There's a possibility it will have to be redone.  


I'm so sorry about your neck.   It's good that Toots will be able to take time off, and be with you. Make sure that we know when you have it done, so we can do a thread for you, and let Toots know how to update us.

[AllosaursRus]

She had Madelyn Oct 28, and went back to work the first week of January. My SIL had his surgery the first week of February. (he just turned 30 in June... ) She'd only been back a month, and there's only one other tech.

He was in the hospital for almost a week, then went to rehab for almost 2 more weeks. He went back to work 4 weeks after surgery. He works in the Trauma Unit, it's the only Level 1 Unit, in the area...and there are only 3 or 4 techs, who do what he does. 

Her schedule is strange. One week she works, M, T, F, S,S. The next she works only W, Th. During the week, she works 8-8, and weekends 9-5, but they rarely get out on time. Because she's needed for x-rays, and has learned to draw blood, give shots, etc, and because the dr can't be left alone if there are patients there from a liability position, she leaves when the dr does.

Even though she didn't get to take time off, per se, they worked it out, and they were pretty familiar with what they were facing when he had the surgery. They just didn't think it would have to be done as soon as it was, but he was in so much pain, having fluid drawn off, and steroid injections into it. He had a congenital hip deterioration problem, that they think Madelyn may have too.  The worst thing out of all of it, is that the "new" hip, isn't doing well. They splintered his femur installing it, and there have been a lot of problems. There's a possibility it will have to be redone. 


I'm so sorry about your neck.  It's good that Toots will be able to take time off, and be with you. Make sure that we know when you have it done, so we can do a thread for you, and let Toots know how to update us.

Last time I was in, I had my laptop and was on here until they knocked me out! Heh!

[true_blood]

Mike Savage was talking about this last night on his show.
Good luck with your surgery ALLOSAURSRUS!

[AllosaursRus]

Mike Savage was talking about this last night on his show.
Good luck with your surgery ALLOSAURSRUS!

This is like #5, I'm a vet!

[MrsSmith]

Did she not have any time accrued? I thought the Medical Profession would be the first to understand things like this.

One of my coworkers had a wife that worked at a medical clinic.  She got a nice salary and 2 to 3 thousand (or more) a year in bonuses, but no paid sick days or vacation days.   This included no paid time after having a baby.   The doctors said that they get no pay for days off, so they don't pay for days off...they just did profit sharing.

When they decided to have a kid, my coworker had a major problem with the extended illness policy at our hospital.  As the mother of a newborn, I had to use up all my vacation days and then could use extended illness days until my baby was 6 weeks old and my doctor released me for work.  As a father, he could only use vacation days.  (We gave him some "helpful advice"...slip or faint in the delivery room and talk his doctor into giving him a medical leave.     He got so excited watching his son be born that he forgot.   )

[TJ]

Well, now THERE's a thought.

This whole thing is yet another glaring example of the entitlement attitude that infects far, far too many of us these days. And dare I say, my own experience reveals that it's younger people who sport this kind of attitude more often than not.

No reflection on you, TJ, as I know nothing about you.

Not a problem.  There is indeed an entitlement attitude permeating society, promulgated by the left in their attempt to attain/maintain power.  I agree that it mostly younger people that it affects.  Those of us fortunate enough to have been raised by parents who went through the Depression were taught to take care of yourselves, not to look for handouts when working harder would solve the problem.  Injuries and illness...time off with pay...to a point.  Maternity leave?  Leave it up to the individual companies.  If they want to offer that perk, so be it.  There are too many people having too many children that have no clue as to how to care for them, how to raise them, or how to be responsible for them.

[Eupher]

There are too many people having too many children that have no clue as to how to care for them, how to raise them, or how to be responsible for them.

It's not easy to take those self-indulgent, whiny, its-all-about-me youngsters and instantly transform them into responsible parents, especially when those "responsible parents" wanted a walking, talking, pooping mini-version of themselves that they could also admire.

My niece is one example of what I'm talking about. She's a single mother who, at the age of 23, is almost starting to get a clue.

[formerlurker]

12 weeks is pretty standard for most employers -- it is the risk of hiring staff who are in the age range to have children.   I think terminating someone after 8 weeks is rather ridiculous, unless that staff member never contacted them to advise they would be taking a full 12 weeks.