Hi, looking for a little help.

Anonymous

September 17,2023 at 4:52PM UTC

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Hi, looking for a little help. Even willing to chat with someone if they specialize in this type of thing. I’ve been on a leave of absence for about 4-5 months due to unforeseen and unfortunate personal and family matters. I spoke with my supervisor a couple weeks ago because I wanted to see what I’d be stepping back into, and gain a better understanding of what the environment and culture and team looked like. My supervisor honestly looked surprised when I said I was open to coming back and basically said my responsibilities have been given to different parts of the org, they don’t really exist on the team and couldn’t give me an answer on team structure or responsibilities of where I fit in. I’m planning to talk with HR now given this info. I don’t blame them as I understand what the business needed while I was out. Just don’t want to go back to something I either can’t do or don’t want to do. Wondering even if it’s an instance where we can part ways and I can either get severance or at least where I can apply for unemployment while I look for a different position. Has anyone experienced going back to work to a completely different job than what you left? What happened? What would you suggest? Thanks for the guidance.

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AnonymousSeptember 17,2023 at 5:25PM UTC
If you were out on FMLA, the organization is required to provide A JOB with A SALARY (hourly) wage.
Not necessarily what you earned or what you did to earn it. (IMO: a loophole for business to let you go)
That said, I'm not sure if there's a requirement to keep you for a period of time (an hour, a week, a year?) If you are not happy, unfortunately for you - options are to handle accordingly or quit (no unemployment if you quit; no obligation for severance to be offered. If you receive severance, you cannot file UE until it ends; you can work elsewhere)
I understand the need to be out... family comes first - but it sucks that there's little to no recourse other than to start over elsewhere
AnonymousSeptember 17,2023 at 6:20PM UTC
Not true about severance and unemployment! In California you ARE able to receive severance AND still receive Unemployment or disability benefits. The two are not connected, as your severance is considered a "benefit" in the same manner as your vacation pay if you receive a payout for hours in your vac bank upon termination. That said, an employer does have to rehire an employee who has been on leave, just not necessarily the same position, but to a comparable position (same pay and number of hours). You can look in their posted positions to see what is available and ask HR for one of those if you are qualified. Unfortunately day to day business moves on when you're on leave. To be fair to the company, they can't hold a position open for long periods of time and expect all the other workers to pick up the slack...unless of course, they are reducing the workforce and eliminating certain positions. Go ahead and meet with your boss and HR (together if they are willing) to explore your options.Best wishes to you, original poster.
AnonymousSeptember 17,2023 at 6:37PM UTC
Tennessee is different- depends on the state I suppose.
To the OP: research accordingly for your needs :)
AnonymousSeptember 18,2023 at 2:21AM UTC
Yes, I used PTO and FMLA. Sorry, I’m not following - can you elaborate or explain further what you mean when you wrote “not necessarily what you earned or what you did to earn it.( IMO: a loophole for business to let you go)” are you saying I could potentially be laid off or fired when coming back? Or I could be re-orged out if they don’t need my level of position?
AnonymousSeptember 18,2023 at 3:20AM UTC
To my understanding, you are promised a role at the organization. If you were director, may be demoted to an associate. I read that this is a guarantee for 12 weeks. While you were out, business moved on -- Please reach out to your HR person for more details on the situation at your organization.
AnonymousSeptember 17,2023 at 6:07PM UTC
FMLA does expire after 12 weeks, typically the job protection language is included in your leave paperwork. Some companies offer longer periods of job protection. Had the LOA admin been in contact regularly during this leave? And yes, please do contact HR, it is unusual you were not notified that your FMLA had been used up.
AnonymousSeptember 17,2023 at 10:31PM UTC
Honest suggestion. Do not think of quitting. There are no jobs out there that you can find easily. Stick with what you have and can adjust.
JennySeptember 18,2023 at 12:02AM UTC
When I was in HR, we were required to warn employees on leave that their jobs would be given to another person unless they could come back. It wasn't a threat but legally we could and pragmatically we needed someone. So I am not sure of all the details but the situation may not be as bad as it seems once the dust settles. If you have legitimate apprehension that something is going on that would impact you negatively, yes polish your resume. It can take 6 months on average to find any job and up to two years to find a similar job to one you left. So starting now is strategic. Athough its not possible to not worry, give yourself a day off from reality so you are rested enough to respond to the situation in a way that benefits you. Good luck!
AnonymousSeptember 18,2023 at 2:27AM UTC
Yes, I don’t blame the company for fulfilling the needs of the business. Just not sure what to do given that I’m really not seeing anything or hearing from my supervisor that there are responsibilities to fit my experience or close to what I even used to do. If they decide to give me responsibilities outside of what I can do like a completely different role or am willing to do, then what? If I say no, is that me quitting then or a firing situation or a lay-off/severance discussion? If I can get severance I’m for it, but idk what the job market is out there. Is it worth telling anyone that I’m open to severance? Thanks for the help Jenny.
AnonymousSeptember 19,2023 at 12:49PM UTC
If you say no then that would be the same as you quitting, in which case you would have to check your local laws to see if you are eligible for unemployment, but would not be in many places. You could ask for severance and see what they say; the worst they can say is no.
D BSeptember 19,2023 at 10:04PM UTC
Forget any severance.. serious. You have been out for months.. essentially you already quit if/when you failed to continually contact them with updates. Starting to sound more like you took a leave and had no intention of going back but now have changed your mind as you found out you could not collect or cannot find another job under the circumstances. Just saying what I am picking up here.
AnonymousSeptember 19,2023 at 12:42PM UTC
When I was out on maternity leave I knew my job was probably not going to be the same when I came back. I had a new manager and the team structure changed so when I came back I applied internally for another position and I left within 2 months because I thought they were going to get rid of me, things were just weird. I think either way if you want severance and unemployment you have to come back and be on their payroll and the company needs to lay you off, you can’t just quit before coming back, I don’t think you would get unemployment.
Tom ReulandSeptember 19,2023 at 12:44PM UTC
I would brush up your resume. Start looking for another job. I tore my left rotator cuff about two years ago. Orthopedic surgeon Stated massive damage to shoulder and area. Informed General Manager on recovery time. Which was about 6 months to a year. he said he could hold my job for that amount of time. Which I understood. This why I'm recommending this. in their eyes they have a business to run. Good luck.
AnonymousSeptember 19,2023 at 12:45PM UTC
Unless your company had a formal leave policy, 4-5 months is above the FMLA job protection time as well (12 weeks), so first it might be worth confirming that the company still has you on the books as an employee and didn't already terminate you. If so, then it sounds like you'll have to see what position HR will offer you and go from there. Wishing you the best of luck as you transition back to work.
AnonymousSeptember 19,2023 at 9:59PM UTC
If they were terminated they should have gotten a registered or certified letter from the company. But yes, 4-5 months leave and now expect to come back? Doubtful really. IMO, you may as well move on. They certainly do not owe you severance or allow you to collect as you essentially quit.
Good luck.
Lorna Rose, J.D., M.S.September 19,2023 at 1:16PM UTC
Hi OP, I actually do specialize in this type of thing (former lawyer with extensive experience in employment-related matters).
Many commenters are partially right, with an asterisk because “it depends” - where you live, what your job contract says, etc. Without more details about your situation, it’s hard to give proper guidance. Also, what do YOU ultimately want? Do you want to stay with this company, or is this a good excuse for a fresh start?
Feel free to send a private message if you’d like to talk further!
Shelby CSeptember 20,2023 at 1:18AM UTC
I was in HR and this is the only correct answer that I have found. There is too little information from the OP to make a determination. There are a lot of factors at play.
I would QUICKLY take-up Lorna on her gracious offer.
AnonymousSeptember 19,2023 at 10:33PM UTC
Unless you were on a protected leave and even if you were your roles and responsibilities can be shifted or changed at any time. I suggest you come back to the role and try to find another position internally if you want to stay, if there is none then it is time to consider moving on. The company does not owe you any severance at all.
Shelby CSeptember 20,2023 at 1:07AM UTC
This type of comment is not helpful. We are here to lift one another up.
Kelli AnnSeptember 20,2023 at 12:32PM UTC
May I ask what state you live in. I worked for the government employment agency where I lived (Workforce Solutions). While there I was a case manager, a youth employment specialist, and worked both unemployment and with the division that handles unpaid wages.
AnonymousSeptember 20,2023 at 1:10PM UTC
I took FMLA for 6 months to care for a parent. I came back to a better position, team and I loved it.
Kristie WhiteSeptember 20,2023 at 1:20PM UTC
It's important to realize that the term "FMLA" can be used in various contexts and doesn't necessarily mean you are entitled to any job protection. Technically, the FMLA law gives you approximately 12 weeks of unpaid leave that guarantees your position or an equivalent position. The leave must be formally requested and can be taken in increments. With a leave of 4-5 months, unless you were using and tracking leave intermittently, you are outside of that time frame. So your employer has moved on, redistributed your job duties, and assumed you would eventually resign. At this point, you are essentially applying for a job. You have the history with the employer that may give you an advantage - they already know your work, fit with the firm, etc. But you are not guaranteed anything - you are a candidate for a potential job that is open and they are not required to hire you. This is why your supervisory was so shocked when you requested to return. So treat this as any other job interview - review the open positions, talk to HR, and expect interviews etc. If you had a good reputation before the family leave, you have a good chance of starting over with this employer.
Sarah McgillSeptember 20,2023 at 1:38PM UTC
The job market is awful right now. If you have something- stay with it! And hold on to it with all you can. You can always keep looking while you have a job but it will not be easy to replace a job right now.
KathySeptember 20,2023 at 2:02PM UTC
Were you on FMLA? All you indicate is you were on a leave of absence. If FMLA applies here are the guidelines:
https://www.dol.gov/agencies/whd/fact-sheets/28a-fmla-employee-protections
AnonymousSeptember 20,2023 at 2:54PM UTC
Was this company approved LOA? For that long? I mean, even if you had FMLA, that only covers you for 12 weeks. Long story short, the company owes you nothing. That sounds harsh and I do apologize for that, but I'm not sure why you would think they would over you some sort of severance or something.
AnonymousSeptember 21,2023 at 11:37PM UTC
There are so so many states even the Feds are even leaning this way to improve FMLA
AnonymousSeptember 21,2023 at 1:32AM UTC
My knowledge of FMLA is company is supposed to hold the same position you had to leave.
AnonymousSeptember 21,2023 at 7:22PM UTC
Depends on length of time away and if it is FMLA or leave of absence from what I understand. Also depends on state.
AnonymousSeptember 22,2023 at 1:56AM UTC
Not specifically. The company is able to fill the vacated position if they need to. Companies find ways around it. They are allowed to offer any open comparable position that the fmla employee is able to return to as per below:
"After using FMLA leave, an employee must be able to return to their same job or to an "equivalent job." An equivalent job means a job that is virtually identical to the employee’s original job in terms of pay, benefits, and other employment terms and conditions. An employee should usually be able to return from FMLA leave to their original schedule and work location."
https://www.dol.gov/agencies/whd/fact-sheets/28a-fmla-employee-protections
AnonymousSeptember 30,2023 at 6:30PM UTC
It appears she has taken off longer than that 12-week allowance - and I am wondering if she designated she wanted to takie FMLA as opposed to just a 'leave of absence'
AnonymousSeptember 30,2023 at 6:27PM UTC
Family Leave (FMLA - usually 12 weeks) gives one more return benefits than just a Leave of Absence. Your return should have been negotiated upon leaving, which sounds like it may not have been done. The state you are in may have some bearing on your situation. It would be helpful for you to contact your state rep to find out what your rights are in the state you live in. For a leave as long as yours, it may and usually is up to discretion of employer and what you negotiated when you commenced the leave. Since it appears you did not do that, Yes, by all means, talk to HR and see what is mutually beneficial to both of you!
Vikas VermaNovember 6,2023 at 9:20AM UTC
Not sure how you are placed financially, but if you are like OK kind, then you can play a gamble here. Find out exactly how things have changed, sit with your boss and discuss and listen to what he wants or intends to do with you. Ofcourse, you can speak with HR. But I have seen most of the times that the final call rests with the operations team. So whatever...by reading your story, i get a feel that your sup. has not shown interest in retaining you or finding alternate with you, then I feel, you maynot be fitting their requirement or in the current scheme of things. If you feel unwanted, finally, post discussions, i think you should put down your papers and resign. Throw this ball and see what happens. I am not saying any magic will happen, but instead of relying too much on other's mercy, you would be better of calling your own shots. And maybe whatever has happened as happened for your good. There is always a spiritual side to where life throws you as well. So listen to that and make it a happy ending.