Post # 1
I’ll try to be brief here. Darling Husband and I are starting the process of newborn adoption. I have been a full time employee at my job for two and a half years, so normally I know I would be granted FMLA. However, my job is currently contracting our services out to another company. So we will all be new employees to this company (the company will not formally exist until the go live date of the takeover), but still doing the same job at the same place.
The kicker is that while my current employer is a big company, the group that I will soon be working under employes around 30 people… less than the 50 needed for them to be obligated to provide FMLA.
I’ve been googling trying to find out if there’s any way for me to be entitled to time off for maternity leave and came across the term “successor in interest.” It seems to be referring to similar situations and stipulates that they would have to uphold my right to FMLA since I had it before they took over. But it seems like I may have to notify my current employer of my intention to take FMLA, which worries me for two reasons. First, I have no idea when we will be selected by a birth mother. So I can’t give them dates. Second, nothing is formally signed between myself and the new company, so if they got word I was planning on taking a leave in the near future, I suppose it would be in their best interest to not hire me.
Ugh. Such a shit sandwhich. I just want to raise my family and not feel like I’m brining te whole company down. But newborn bonding is so important… I couldn’t fogive myself if work takes that away
Post # 2
GrannyPantiesRock: Congratulations about the upcoming adoption. For FMLA, you need to give an employer 30 days advance notice for a foreseeable leave. I would think that the adoption agency would at least give you 30 days notice, right? I agree about waiting until after the buyout takes place so they don’t try to get rid of you for that reason.
Post # 3
mseagles: Not really. Sometimes you are chosen by a birthmother around 7 months, so in that case you have time. But 50% of placements are emergencies, meaning the first contact the agency has with the mother is after she gives birth in the hospital and decides to place the baby with a family. In that case, you are called spur of the moment when you are selected.
Post # 4
GrannyPantiesRock: Yeah I can see how this is a tough situation then. Since you technically have notice of the potential to be called at any time I think you have to tell them now in order to comply with the notice requirement. If they decide not to keep you during the merger I think it’ll be tough to claim discrimination even though that is probably what it is. I’m sorry you’re going through this. One potential silver lining is that you will probably get severance and unemployment and this will give you more paid time with the baby.
<div style=”color: rgba(0, 0, 0, 0.701961); font-family: UICTFontTextStyleBody; font-size: 17px; -webkit-composition-fill-color: rgba(130, 98, 83, 0.0980392);”> </div>
<div style=”color: rgba(0, 0, 0, 0.701961); font-family: UICTFontTextStyleBody; font-size: 17px; -webkit-composition-fill-color: rgba(130, 98, 83, 0.0980392);”>I just came back from FMLA on Monday and got laid off so I’m currently in the same boat making the most of the extra paid time off. Best of luck!</div>
Post # 5
I’m a little fuzzy on if you’re remaining a sub-contractor for the original company or completly switching to the new one; whose payroll will you be part of (original or new company?)
I would ask your HR a very open-ended question about it [in writing if possible] and ask something along the lines of “How will switching companies to the new company affect our benefits?” Then you can specificially bring up insurance/FMLA etc after that. Since the whole company is in transition, it would be fairly normal to have those questions asked of HR.