I need some advice. I recently took maternity leave, which ended up turning in to Temporary Disability Leave because of some medical complications I had after the baby was delivered.
I returned back to work after being off for 24 weeks. I have returned to the same job and have tried to get back into the swing of corporate life + new baby (first time mom here) and have the opportunity to take an additional 4 weeks off paid by the state, but it needs to be taken and completed before my child turns 12 months old and that's fast approaching.
I submitted a request to HR to take temporary leave of absence and my HR department is denying me the ability to take this leave, stating that I exhausted the 13 weeks FMLA that the company offers (has to offer) to all employees. They are saying that I don't qualify for this leave until a full 12 months after my initial leave started. Everything I have read online and everyone I have talked to say that FMLA and TCI leave are completely different and separate. Technically, I think I am allowed to take this leave, the State says I qualify for it, but it's now in my employers hands and I am afraid if they deny me, and I choose to still take the leave, that I will not have job security. The brochure talking about TCI doesn't say anything about FMLA being the deciding factor http://www.dlt.ri.gov/tdi/pdf/TCIBrochure.pdf.
Does anyone know what my rights are? Can I legally take the 4 weeks off, and still have a job to return back to? Given that I had to take so much time off, do I still qualify for job protection and benefits?
Thank you for any an all help.