Hey Ladies,
Need to know if any of you know my rights. I took my FMLA of 12wks off with my baby, 11wks of that without pay because I had no PTO. I e-mailed my supervisor two weeks in advance to verify the date that I believed I was due back. He sent word through my weekend supervisor, that yes that date was fine to return and he had me on the schedule. When I returned that first day to work I was unable to clock in by the time clock. I questioned my weekend supervisor to why I wasn't in the system yet, giving that my main boss had known for 2 weeks in advance of my schedule date. He said that it takes a while sometimes and for me to write my times in and he would initial it, so I did. I work a 7p-7a shift on Sat. and Sun. 24 hours all together which is what HR refuses to pay me for. HR said that I was to turn in a release form to my main boss, from my doctor before returning to work. After HR mentioned this to me, I do remember being told this 3mo. ago and immediatly went and had it signed(after I had worked two shifts). It had never entered my mind until then and neither of my bosses mentioned this to me at anytime before I returned to work or while I was at work. They both knew I was coming, scheduled me, and intialized my time all without this release form. HR said that none of this mattered. I was told 3 months ago that I would need the release to return to work and since I forgot and failed to turn it in to my main boss before working then I would not be paid for my time.
Sorry this is so long, but do any of you know what my rights are and were this leaves me? I was under the understanding that it is your supervisors job to see that the appropriate paper work is turned in before allowing employees to return to work. I honestly didn't think anything about it, I have never been on a leave before and it had been 3mo. since I had been given all that info. We are talking about $1000.00 ladies not to mention time away from my family and really hard work. Any suggestions? My husband said if they don't pay me then I will not be returning to work. Ive worked here for two yrs and hate to burn that bridge and be out $1000 dollars.
It is exactly as PS said. They allowed you to work so they absolutely must pay you. They would have had every right to send you home immediately that weekend, thus not paid you if they wanted. However, since you did work, they have no choice. Talk to them about it one more time and if they refuse, file a claim at the Department of Labor.
Yes, you need to be payed for your time worked. I would call the department of Labor on this issue. Your employer should of handled all of the paperwork before your maternity leave so everything was taken care of before your return. My understanding it is against the law to not pay someone for actual work performed, otherwise if people quit their jobs, employers could just decide not to pay them after they leave.
They are required to pay you for all hours worked. You should go to the Department of Labor and file a claim. It doesn't matter that you didn't turn in the required paperwork, they permitted you to work, and they are obligated to pay you.
You may have to take them to small claims court !
I was off for 2 mos. (w/ my 2nd child) for mat. Leave & returned to work just fine "no note from doctor" also i had a c-section w/my (1st child) & i took off "2 weeks" and returned to work "no note again from the doctor" somebody is shooting you some mess !......you are entitled to your money ! & yes there should be something on paper telling you that you have to have a dr. Note to return to work ! Don't just walk away ! Stand up for what you are entitled to ! Money is money ! Good luck !
There is more to this than meets the eye. Human Resources should have a method for employees to file a grievience. If you've talked to your boss, his boss and the manager above that, then file a grievience. Keep in mind that those initials on your timecard are essentially your boss's acknowledgement/permission to return to work. It is obvious and right that you should be paid, but it sounds like you have a great job at that pay and you should consider continuing to work in the climate you may be creating for yourself. If you can replace this job easily and it is worth it to you, then by all means, go for it. If not, you have some decisions to make.
In a structured work place, I have seen a situation like this go away for people, but I have seen it turn very bad for them also. At least go through the motions so they don't think they can run their corporate train over you. Be professional and try to keep your anger and outrage under control and do not talk it up at work. You still need to be an asset to them for a win-win outcome.
Good luck!
C. S.
Your employer can require you to send in a return to work slip so that they know that you are physically capable of doing the job. However, if you did work the shifts they can not refuse to pay you. I am an HR director and what you need to do is get a copy of the signed sheet and then if possible get any witnesses to the fact that you worked then confront them with it. If you still do not get paid, I agree with your husband but I would also talk with the EEOC or an attorny. Good luck!
US Department of Labor. All hours worked by law must be paid regardless of whether you had the Dr's note.
You can also contact he Texas Labor Board and Texas Workforce Commission.
J.,
Emma is right. They must pay you for your hours worked. Most of the time it just takes a phone call from them.
C.
I'm not sure what you need to do but there are ramifications and you need to contact the Texas Workforce Commission right away. That should be your first step and they will be able to direct you further. Good luck.
In a word, what they did was ILLEGAL!! You need to get in touch with the Labor Board and file a complaint IMMEDIATELY.
One of my husband's co-workers also had a problem with their HR dept when she had her baby boy in March. Starting on the Day he was born, she kept making calls to add the baby to her insurance. All she got was voice mail, and she DID leave messages every time! (She made the calls from her cell phone so she could prove it very easily.) NONE of her calls was ever returned, and consequently, the baby was not added to her policy. She got a bill stating that since the baby had not been added "in a timely manner" SHE was responsible for 100% of the hospital bills. Because she could PROVE that she HAD TRIED to add him, HR had no alternative but to add him and pay the bills. (My husband also just told me that she also had a problem with her "return to work" date, but I'm having her email me what the situation was, and what she did, so I can give you that process, as well.)
Bottom Line ~ DO NOT GIVE UP ON THIS! You are ENTITLED to the pay for the work you performed, and if they did not have the work release, they are required by law to send you home with no consequences until you are able to get the necessary forms signed and turned in.
Hang in there!
~J.~
Other moms here seem to have more knowledge about this, but I hope my 2 cents still helps. I went on maternity leave twice while working. Both times, our EA stayed on top of me making sure that I had all the necessary paperwork. FMLA rules are extremely complicated, and there should be someone in your company who specializes in all that because your average employee simply can't be expected to decifer all of that for themselves.
I know that when I returned to work each time, I didn't have a release "in hand." All I had to do with each of my returns was get my doctor write a note stating that I was released to return to work, and the notes listed the date that I came back in each instance. That way, the company didn't get in trouble with FMLA rules, and I was covered for my return.
I don't see any reason why if your medical release statement gives the date you first worked after you came back as the date you're released by your doctor that HR can't give you a paycheck for the hours you've worked. I think someone in your company is very confused as to what the FMLA process is, and you need to find someone who knows the rules better.
Hope this helps. Good luck!
seems to me you need to push the issue with your boss and whoever is the highest-up in the company. if not, you should take them to court! they can't NOT pay you for working! especially not if the supervisor signed your time sheet and your boss knew you were there
I am guessing by your work hours that you are a nurse? My hubby is in nursing school, so I just thought that might be the case. My husband worked as a nurse recruiter (for a per diem/contract nursing agency) and knows that the if you did not have the correct clearance to work, then the supervisors erred in allowing you to work 24 hours without medical clearance. They should have stopped you and sent you home. Because of their error, you worked and now deserve to be paid. They cannot allow you to work and then after the fact come back and tell you that you aren't allowed to do that, after you have performed your duties for two days. I would suggest getting an attorney or at least threatening the hospital with that. Especially if after the fact you did provide a clearance letter from your doc. If they fight it, get an attorney and switch hospitals. What facility do you work for???
Bottom line is they allowed you to work so they HAVE to pay you! I don't know that for sure legally, but their HR bull is their problem. They didn't request that form before they let you work, exactly, they only requested it in order to pay you for your work. I do not beleive they can get away with that! Call a lawyer. Good luck!
