*shitty rant* but need help with labor laws

[gonz13]

Hey guys. Im seeking help! I tried looking up some labor laws online and wondering if someone can point me in the right direction. My wife just recently returned to work from maternity leave and upon return she is told she is being cut hours due to them highering more people to fill her spot. She highered 2 people whixh is funny cause they have 6 stations and now have an extra employee. Now my wife is looking for a part time to make up income. Now manager told her that she will be losimg her busiest day and to work the other job that day. Shitty rant I know but just wondering if she can cut her hours. I seen Massachusetts says they have to return with same senority, pay and amount of hours. Thanx in advance

[hatidua]

Kwite phossibly won ov tha whorst rhants eye've red.

[Colorado Osprey]

Colorado is a right to work state and has no guarantee of employment. Depending on the amount of employees the employer doesn't or may not even have to keep someones job available for a maternity leave. It sucks, but it helps small business remain in business.

Wait to see how all these new Obamacare requirements change employment. In small business it is gonna be tough to get a full time employment at all because of the requirement of health coverage.
I wouldn't be surprised if many small business cut all employees to part time.

[gonz13]

Kwite phossibly won ov tha whorst rhants eye've red.

Yeah it was. But I gave a heads up

[asmo]

Hint: Research "FMLA" not Colorado law specifically..

[WETWRKS]

Hint: Research "FMLA" not Colorado law specifically..

That is the only thing that *might* actually have any say on this in your favor in Colorado...and no guarantee there either.

[Great-Kazoo]

First question is , What does their employee handbook say / cover regarding maternity leave?

2nd ? Have you read these info sites?

http://www.ehow.com/list_6812433_colorado-maternity-labor-laws.html

http://blog.laborlawtalk.com/2009/08/13/maternity-leave-in-colorado/

specifically this tidbit.

Generally, though, a Colorado employee on maternity leave under FMLA cannot be terminated because she takes maternity leave. In all 50 states, maternity leave is covered under FMLA (Family and Medical Leave Act of 1993). FMLA provides up to 12 weeks of unpaid, job-protected leave for various medical conditions, including caring for a newborn, a newly adopted child or a recently fostered child. Eleven or more states also have family leave laws at the state level.


Job-protected leave means that FMLA guarantees the employee’s job while on leave. When the worker returns to the job, the employer must provide that worker the same job, or a job with similar pay, benefits and working conditions.



Suppose Amanda is on maternity leave and her employer fills her position with another buyer, Jackie. When it’s time for Amanda to return from leave, the employer wants to keep Jackie and terminate Amanda. The employer cannot legally make this change. FMLA guarantees Amanda her old job or a comparable position.

OOPS.
I'll accept 5% of her settlement.

[colorider]

This link brings you right to the department of labor. It has all the recent changes to the law. Should be pretty cut and dry after you read it.
http://www.dol.gov/whd/fmla/

[gonz13]

This link brings you right to the department of labor. It has all the recent changes to the law. Should be pretty cut and dry after you read it.
http://www.dol.gov/whd/fmla/

I wss here earlier but missed a lot. Thanx

[crashdown]

A lot of these laws do not apply to small businesses.
Less than 15 and no need for an employee handbook on regs.
I think less than 50 and no FMLA requirements.
Labor law is tough stuff.

[spongejosh]

You should be able to find an attorney that does labor law that will give you a free consult. They would love to be all over that if the employer did anything wrong.

[Monky]

Colorado has no law covering maternity leave. It is not required.

FMLA does cover it, however it's something you apply for through work.

Under FMLA guide lines she would return to the same job, or a lateral transfer doing the same thing. They could not make her bag groceries if she was a cashier (easiest example I could think of).


Sent by a free-range electronic weasel, with no sense of personal space.

[mtnhack]

Less than 50 and no Obamacare health requirements either, right?


ps, OPs wife has the same job and pay, just with less hours. My guess is she doesn't have a shot at any judgement. (2 cents worth from someone with no qualifications)