Is your career Childproof?
By Bonnie Manning
What you should know about maternity leave: a step-by-step guide on
how to prepare for your new family.
From the moment conception is discovered, preparations begin. You decorate
the nursery, enroll in childbirth classes and of course read your employee
handbook. What? Read the employee handbook? Yes. In preparation for
motherhood a woman in the work force needs to take steps to prepare
herself and her employer for maternity leave. While childproofing your
home and making it safe for a new addition to the family, take the steps
needed to childproof your career and secure your professional future.
Before you tell the Boss
Dr. Sarah Beth Estes, Assistant Sociology Professor and affiliate of
Kunz Center for the Study of Work and Family at UC, says it can help
to be “strategic” when preparing for maternity leave. The
reality of women in the workplace is a fairly new concept and accommodating
an expectant mother can seem daunting to an employer. Unfortunately,
this “failure of imagination” according to Dr. Estes places
the burden on the expectant mother. The delicate balance between professional
life and family life begins the day your employer finds out you’
re pregnant. The key to making a successful transition from working
woman to working mother lies in the approach. Dr. Estes says by developing
a strategic plan for your return to work, you show your employer that
you are committed to the company and to your career. It lets your employer
know that any challenges you may face during your pregnancy, maternity
leave, or as a working mother that your “solution to your challenges
will also benefit the company.”
Your Legal Rights
The first step in creating your strategic plan is to know your legal
rights. Under the Family Medical Leave Act (FMLA) qualifying employers
are required to give 12 weeks unpaid paternity/maternity leave. The
twelve weeks can be taken in one chunk or it can be used in smaller
segments. You may also use the 12 weeks by working shorter workweeks
or fewer hours in the day. New mom, Mary Lebeau took this option and
returned to work on an “intermittent” schedule using the
remainder of her leave to shorten her workweek to Monday Tuesday and
Friday until she used the equivalent of 12 weeks work.
The only exception to this 12-week rule is if you and your spouse work
for the same company. Then the 12 weeks leave must be shared between
the two of you. One person may take the whole 12 weeks or you may split
the time. The problem with this law is the fact that it only pertains
to “qualifying companies.” If you work for a small company
of less than 50 employees, the company does not “qualify”
and the FMLA does not apply to you. In that case you must rely on your
company’s policy, which brings us to the next step. Know your
company’s policy. Maternity Leave policies vary from company to
company, which makes it difficult to nail down a standard for expectant
mothers to prepare for. But if you know a few starting places for sifting
through the company protocol, then you may find planning a strategy
a little easier.
Sometimes the process is as easy as flipping to the part of the handbook
titled Maternity Leave, where the policy and benefits are laid out for
you. Cinergy does this for their employees on the employee website.
Under the subheading of “Having a Baby,” Cinergy takes the
expectant mothers through the process step by step with great detail.
Unfortunately not all employers are this good. Many times you will have
to search through the company information to see how leave is classified
and handled. You may find maternity leave benefits listed under the
short-term disability policy, or in your medical benefits package. If
you still cannot find policy information, ask. Then put it in writing,
but do so in a non-threatening way. Say something like, “So we
have it on hand in the future, why don’t I just type that up for
you?” This way you are doing them a favor while making sure there
are no misunderstandings down the road.
Telling the Boss
Telling your employer should involve more than an, “I’m
pregnant!” shouted through the corridors of the office. Instead,
set up a formal meeting with your employer. It can be as simple as saying,
“When is a good time to sit down and talk to you for a few minutes?”
The meeting doesn’t have to be rigid and impersonal, but it does
have to address very specific issues. Make sure you have organized your
specific career intentions on paper. This way, when you tell your boss
that you are pregnant he or she will be confident in your plans to return
to work.
Try to see the situation through the eyes of your company and address
the issues that you think may cause concern for your employer. In the
world of senior management an employer must always look at the big picture.
The hard truth of the big picture is that your maternity leave takes
a necessary employee that is operating at high efficiency and creates
a gap. This gap is either filled by trained replacement, or it remains
a gap while coworkers overextend themselves to compensate for your absence.
By having an organized career plan in writing this eases your boss’s
anxiety about losing you during your maternity leave. Plus, it protects
you by letting the company know what you expect when you return.
The FMLA requires employers to return employees who were on leave to
either the exact position they had before or to one that is “equivalent”
with comparable duties, benefits and pay. According to Cincinnati attorney
Christian Jenkins of Mezibov & Jenkins, LLP this is where most employers
fall short. Mr. Jenkins’ focuses his practice on civil rights
issues, including employment matters. He says companies sometimes try
to get around this portion of the law by “ eliminating the [new
mother’s] position while she is on leave and then hiring someone
else to perform the same duties.”
That is exactly what happened to Gail Kent. After returning from maternity
leave Gail was told that the company had undergone “reorganization.”
Her job as Administrative Assistant no longer existed and that the person
who filled her position while she was on leave would now be filling
the new position of “ Office Manager.” The new position
just so happened to have the same responsibilities as the Administrative
Assistant job did prior to Gail’s leave. To prevent this from
happening you want to address these issues when you initially tell the
employer you are expecting. To prepare for this ask yourself the following
questions:
- Do you plan to return to the same position that your left?
- Will you return on a part time or full time basis?
- When will your leave begin? Will you wait until you go into
labor? If you are still unsure about how to put your plan in writing
a great tool is the internet, www.workoptions.com offers a template
with step by step suggestions on how write your maternity leave “proposal.”
While On Maternity Leave
After the baby is born you will want to call work and tell everyone
about your new little one. Contact should not stop there. One big mistake
that new moms make is that they do not check in while on leave. As the
saying goes, “out of sight, out of mind.” Call your supervisor
once a week. Let them know that if they need any help they can call
you. Find out how they are handling your absence so you know what to
expect when you return. When making these phone calls be prepared to
deal with territorial feelings. Your stomach may tighten when someone
else answers your phone extension. Don’t get jealous or protective
of your job. Remind yourself it is only temporary and offer to help
in any way possible. By remaining a presence in the office via phone
check-ins, you “remind” the office that you plan to return
to your position.
Returning to Work
On your final week of Maternity Leave call your supervisor and talk
about your return. If possible re-enter your position on a Wednesday
or Thursday. The separation of you and your child will be less heart-wrenching
if you know that the weekend isn’t too far away. Plus if any childcare
issues arise you can hopefully deal with them over a weekend instead
of disrupting your first week back in the office. On your first day
back sit down with your boss and the person who was filling in for you.
You need to catch up on exactly what work needs to be completed, where
any projects stand and how your supervisor expects you to proceed. Also,
remember to thank the person who filled in for you too.
When Things Go Wrong
If you are meticulous about planning your leave you will be better prepared
to handle any deviations from that plan. As the old saying goes, plan
for the worst while you hope for the best. When you have a plan in writing
there are no surprises and no “misunderstandings” on either
part. Unfortunately, even though your intentions are put into writing,
it is done so several months before your leave. Once you actually go
on maternity leave the plan becomes reality and the reality of your
leave is that workplace needs, need to be met in your absence. This
is where the difficulty often arises. Someone else or someone new has
taken over your responsibilities and after weeks of performing these
responsibilities the company adjusts to a new working environment. This
can make the return to work much more challenging for your employer
than the leave itself. This challenge opens the door to potential FMLA
violations, and attorney Christian Jenkins says that this “can
be devastating to a family with a new addition.”
What to Do
First, start with company policy. If you feel you are not being treated
according to company guidelines or in accordance with the FMLA, you
should take appropriate steps to complain. The hardest thing about complaining
is you may have to complain about your boss, to your boss. The best
way to handle this is to keep good records about what was said, when
it was said, and who other than yourself witnessed the conversation.
Also, it may be wise to file a formal complaint, in writing with two
people. Consult your employee handbook to find out who would be the
appropriate person to file a complaint with. Many times inappropriate
behavior can be taken care of within the company without legal action.
Gail Kent took appropriate action within the company when her direct
supervisor wrote her up for “excessive sick leave use” when
she returned from maternity leave. Gail filed a formal “appeal”
to the write up through human resources and got the reprimand reversed.
Unfortunately when this happens it’s hard to get working conditions
back to being a friendly environment unless one of the two parties leaves
the company. Which is what finally happened to Gail. She left the company
for a more family friendly work environment.
US Department of Labor If your rights have been violated you may want
to consider filing a charge with the US Department of Labor (DOL). Attorney
Christian Jenkins says that the DOL will not only “accept and
investigate such claims,” but in some cases the DOL will “prosecute
FMLA claim on the behalf of the individual.” Mr. Jenkins does
point out however that it is “somewhat unusual for the DOL to
actually bring an enforcement action.” It is free to file a claim
with the Department of Labor and at least there will be record of your
complaint. To find out more specific information on how to file a complaint
with the DOL go to www.dol.gov,or call 1-800-827-5335.
Legal Action
If your rights under the FMLA have been violated then you can file a
lawsuit in federal court within two years of last violating incident.
It is not required that you have an attorney, but Attorney Jenkins says,
“it is the most effective way to vindicate your rights.”
Court rules and procedures are overwhelming to the layperson and with
a new addition to your family it would be even more so. Mr. Jenkins
adds that “employers covered by the FMLA will be represented by
experienced attorneys and usually have trained human resources personnel
whose job is to protect the company from employee lawsuits.” This
makes it even more important that you obtain an experienced lawyer that
will advocate your rights.
What is the Cost?
The cost for filling a lawsuit and obtaining a lawyer will vary. Some
lawyers charge hourly rates while others will work on a contingency
basis, charging a percentage of the reward obtained on your behalf.
Others fall somewhere in between, charging an agreed upon amount initially
then a percentage of the reward obtained on your behalf. The best thing
to do is to meet with several lawyers before your decide. Ask of your
potential lawyer what experience he or she has with labor law. Do not
sacrifice experience for a smaller price tag.
When preparing your life for the changes that a new child brings, don’t
forget to prepare your career too. Knowing your legal rights and your
company’s policies allows you to plan for the future of your family
while securing your spot on the corporate ladder.
Bonnie Manning 2267 Magdalena Drive Cincinnati, Ohio 45231 513-742-5993
Website: www.FreelanceBonnie.com E-mail: Freelancesell
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