Wednesday, May 14, 2008

Work... issue

I'm reluctant to blog something about my job, but I know I have never once mentioned the name and I feel pretty certain I have never given any information substantial enough to identify my place of employment.

I first asked HR for some time off back in December, giving nearly a year notice. As you see, DECEMBER. As in, before she was even pregnant. But because my company DOES NOT like to give unpaid time off, and because I am not eligible for FMLA, I inquired about time away. I quoted a company policy which states that unpaid time away will be granted for significant life circumstances and/or personal/family reasons in which FMLA does not apply. So, I applied.

And it was denied. Reason being, no baby yet. And, "other reasons." I was told to "touch base" when the time is closer.

So, new manager (my old manager was totally on board) and I meet last week. I brief her on the situation, she already knew. Manager is on board, director is on board. I apply, they sign the paperwork. First I'm told to prove I've adopted the child (that, legally, does not exist). When I make it clear that that can't happen, I am told to come over ON MY OWN TIME to the HR office (in another building) to meet with them. This annoyed me, because NO ONE that I know has EVER clocked out for a meeting in HR, for any reason.

So, I clock out, I go over there. The manager is meeting with her boss, and I am told that two weeks unpaid time is hunky dory. I was leary, as I had nothing in writing. I told her to send an email. I was told, in this meeting, that I should save my PTO. That was all that was said about PTO. Well, duh. Of course I am going to save it. I was also chastised for giving "too much" notice, even though the policy states to give as much notice as possible for a foreseeable event. But apparently I took the policy "too literally."

So I get an email yesterday, stating, among other things, that I am FORBIDDEN to use ANY PTO before the baby is born. HUH? So, I speak to my manager and director, and I am told to email to clarify, since that was NEVER mentioned, and is unreasonable at best. So I mention that a) I am still under a doctor's care for surgery, and going to twice weekly physical therapy, and b) I or my child might still fall ill. I won't be taking any planned vacations, but telling me I cannot take any time off for any reason?

This morning, I get an email back. Stating that she SPECIFICALLY mentioned that I cannot take ANY PTO because I need to save it for the two week leave that is apparently no longer unpaid. She also states that she checked my schedule and all my schedule history and since I have never been sick before, it's safe to assume I will not be sick again. And since I go in at ten three days a week, there is no reason that I can't go to physical therapy or any other appointment before work. But the FINAL... the final straw...

"As far as sickness for your child, you were told to contact me and discuss it then. No unpaid time off will be given for any child care as technically THIS CHILD IS NOT YOURS."

First off, I was talking about CHARLIE. And it is none of her business what my relationship, legal or otherwise, is to MY son.

I got up, called my manager to tell her I was LEAVING my desk, she didn't answer. I passed someone on the way out the door and told her to tell the boss I was leaving for a few moments. I then watched from the cafeteria because I knew, eventually, the boss would be coming in. Sure enough, she did. She basically just told me to follow her outside. She read the email, found it unreasonable/uncalled for/inappropriate/et cetera. She talked to the director, who immediately went to talk to the VP, who (at last I was told) would review with the personnel officer for something that was obviously NOT right to say. I told my manager and director I would NOT deal with this particular HR manager in the future. It is obvious by that statement alone that she has an issue with me. She said something to me yesterday that was very out of line that I tried to brush off... but with this, I realize it was probably just as mean spirited as it sounded. The manager also asked me to print all the emails I had with this particular person and she was going to take it to the company lawyer (as when the lawyer spoke to her, she told the lawyer that I never requested a personal leave and was just asking about FMLA but that that was many months ago).

I... don't even know, really. I LIKE my job. I am a good employee, well liked by most people. This place has an insane turnover due to very procrustean politics, but I have been there for a year at this point and do my job well. But if this is how I am to be treated... it's not worth it.

My manager is amazing, the director is pretty darn awesome as well. But they can't force HR to let me take time off.... I don't know what to do. I'm not even sure it's worth my time and energy anymore to fight it. And if this company is going to be so anti-family... do I really want to be there? I don't know.

Any ideas?

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9 Comments:

At 5/15/2008 12:09:00 AM, Blogger Miss Kris said...

Sit tight and see what happens to the HR Manager. Although she is a representative of the company, my guess is the company will not support the way she treated you at all. It sounds like you have strong support of your manager and then some. There are people above HR that make the decisions.

 
At 5/15/2008 02:03:00 PM, Blogger Lo said...

Wow, E. I am horrified. I wish I had advice for you but I just want to offer my disgust in the direction of your HR person.

 
At 5/15/2008 02:22:00 PM, Blogger Tracey said...

Oh goodness that is absolutely atrocious. At this point I would be patient and give the wheels time to do their work. Having a supportive supervisor and manager is a huge step. Give them time to work on your behalf because they are working for you. That HR rep needs a good kick in the butt. I'll be happy to volunteer!

 
At 5/15/2008 04:47:00 PM, Blogger Shelli said...

wow - what an ass.


I'm SO SO sorry.

Florida SUCKS in terms of our families.

And I'm sure you somewhat have a lawsuit in that.

WOAH.

Charlie IS your son, and that HR person can bite it.

 
At 5/15/2008 04:53:00 PM, Anonymous Anonymous said...

take it all the way and save all email / paper .. what she did was a BIG NO NO.. and u have grounds to sue for discrimation ... omg this made my blood boil...
fuck her ..
hang tight girl... hugs you
tonya cinnamon

 
At 5/15/2008 08:31:00 PM, Blogger Moms and Two Boys said...

I don't have any idea if the issue specifically of same-sex parents has been tested in the courts OR in front of the Department of Labor (which regulates FMLA), but as someone pointed out to me recently the DOL interpretations of FMLA state that FMLA applies to people who stand "in loco parentis" and that no legal relationship is actually required! Thus for both this child and Charlie, you could argue you are entitled to FMLA.

Specifically the provision defines a son or daughter as: "a biological, adopted, or foster child, a
stepchild, a legal ward, or a child of a person standing in loco
parentis
, who is either under age 18....'' Then it says that "Persons who are ``in loco parentis'' include those with day-to-day responsibilities to care for and financially support a child ... A biological or legal relationship is not
necessary
." You can see more here: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.113.htm

That said, I'm not sure FMLA applies to you here, but you could point out that you are in loco parentis to this child, and that you shoudl qualify for FMLA (worth a shot, right?)...

Just a thought- I don't know if it would work, but the language seems pretty clear.

 
At 5/16/2008 11:39:00 AM, Anonymous rainbowmom said...

Oh! This post just ran all over me! I'm so sorry you're dealing with the ignorant. PLEASE do not walk away. There are tactics set up in businesses specifically designed to ware people down and hopefully force them to give up. Please do not give up. You have rights, not only as a human, a parent, etc., but most importantly in this case as an employee. If this hr person has a bug up her butt about your choices and your family, in no way does she have the right nor should she have the ability to affect what is legally due to you.

 
At 5/16/2008 10:37:00 PM, Blogger supervicky said...

what a cunt!

 
At 5/17/2008 09:42:00 PM, Blogger A, B, C, and D said...

My wife is having our first child in less than 2 weeks..I get NO time off. NONE. .... we have to schedule our days off at least a week in advance. I cant predict when he will be born so I will probably leave my job..take a month off and find a new job...which makes me sad because I like my job.

 

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