Anyone's thoughts on job security for those on maternity leave during the ROM? I know the law doesn't require a reason to fire someone in Texas, but that seems like a lawsuit waiting to happen.
6 replies (most recent on top)
My department has someone on maternity leave and she was contacted and filled out the paperwork to apply for four positions available as part of our ROM. If she is left standing, she will be just like anyone else. Her termination date will be the end of her leave, from there she'll be on the payroll six weeks and if she hasn't found anything else at the end of the six weeks, she'll get her severance and a pat on the ass. They are not required to bring you back from a leave, but they have to wait until you're due back to officially terminate you.
I'm sorry for any person, man or woman employee, who is going through the turmoil of these layoffs. But it's a fact of life. Business is business, even if there are laws set up to provide some "fairness" or help while an employee is disadvantaged. But don't think for a minute you cannot be layed off after returning to work. Chevron or any other employer does not guarantee any employee a job for any amount of time (unless you are under a work contract). I'm sorry most for those employees who have not set aside enough savings or are buried in debt and have a family that depends on them as the sole bread winner. It's unfortunate, but a fact of life. This stuff happens all the time. Try to prepare yourself the best way you can. You will have a job when you return to Chevron, but it is likely you could be layed off soon after.
— Anonymous138378 is correct you can be layed off under FMLA when you have layoffs like we are having. You can not guarantee a job that does not exist and it is very clearly stated in the statute as well in case law. But I do agree that Chevron won't lay off a woman on maternity leave. Just not good press. Also not lay her off upon return. But I also think there will be another ROM or RIF in the spring and then you will be layed off if you should have got whacked on this one.
You most certainly be layed off when on maternity leave. it is illegal to dismiss someone or refuse to hire her specifically because she is pregnant, according to Title VII of the Civil Rights Act. But Chevron would never cite pregnancy as the reason for firing or not hiring someone. Aside from such blatant discrimination, pregnant women have no special protection under federal employment law. FMLA is UNPAID leave for 90 days. Chevron offers paid leave like TD leave so under Texas law, pregnant employees are entitled to be treated just as an employer treats other employees who are temporarily unable to do their jobs. For example, Chevron allows employees to take time off for temporary disabilities,so it must also allow time off for employees who are temporarily disabled by pregnancy or childbirth. That being said when an employer can prove that the employer has no work for the employee they can be laid off. I doubt Chevron would do this until the employee returned to work. If she is laid off then there is no recourse for you as she was laid off for lack of work not the pregnancy. The whole you must provide the same or equivalent job upon returning under FMLA is not applicable to Chevron with these massive layoffs. Now on the other hand 3 years ago when you could have slapped Watson on the ass and not get fired and the employee returned and got terminated you would have a case. My personal opinion is that Chevron will not terminate you upon returning for this ROM. But everything is off the table as you are smart enough to know this is just the beginning. But if it was me I would truly would not worry being on leave. In fact I would say you are slotted for a position already! I can also attest that Texas worker rights has to be the lowest of the 50 states.
FMLA protects you from being let go while you are on leave. That is true though once you return you can be laid off. Also you are not guaranteed your old position, you are guaranteed an equal position and pay upon return. FMLA protects both you and the employer.
They have to have a job for you when you come back. It does not say for how long. I know of other companies bringing the person back and within a week they are let go. But they can not let you go while you are on leave.