My team is in whq but I had moved out of state during covid. Also I had a kid last year. If I go back on maternity/parental bonding leave again will I be protected from layoff?
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According to FMLA, if your position is eliminated while you’re on leave, they have to place you in another role that is equal pay and status. If not, don’t sign anything and hire an attorney. Once you sign a severance agreement, you’re out of luck. All of these folks claiming they’ve seen it done by other large corporations, are exactly the kind of people the company is betting wont challenge them and will sign away their rights to legal action while in a state of shock and defeat.
Neither maternity, paternity or medical leave will protect. The latter I’ve seen get cut twice. It’s employment at will.
No. I know someone who was laid off at another company during maternity leave. That has nothing to do with it.
@ejx+1qeZfIRo is right. You're not automagically protected by claiming a leave for whatever reason if the entire role is eliminated. You are mostly protected while on leave under normal operating circumstances when there isn't a massive layoff and reorg going on.
Some people are surprised how many loopholes and suspension of legal protections come into play when a company can make decisions under the unbrella of a layoff. Nike, like most companies, will claim the role was eliminated as the reason for almost all the layoff decisions, it's a near get out of legal obligation card in a state with right to work laws. If you moved to a state like California that is the one case where you might be protected while on leave since there are stronger worker rights laws there.
I am not talking about Nike specifically but in all corporates, I have seen people let go while on maternity leave. Companies can and will get away with this. Sometime there is not even a mass lay off but they will let the person go while on maternity leave. I do not know how they get away with it legally but I know they do
@pus not if the position was eliminated
I’m shocked by the comments - I thought this was illegal tbh. For medical leave, i thought you were protected by FMLA to return to the same or similar level/type of job you had before you went on leave. Guess not. Anyone have more specifics on those let go while on medical leave?
Nope. The last batch of layoffs included several pregnant women and people on paternity leave.
https://www.npr.org/2023/04/05/1167908052/laid-off-on-leave-tech-layoffs-meta-facebook-google-fmla
Absolutely not. I personally know people laid off in the past two big ones on parental, medical, and sabbatical, among a couple other personal situations.