Legal Question in Employment Law in Massachusetts

bumped from paid maternity leave

i've worked at my current job for 4 years now. in april i was getting ready to go on maternity leave. i was told by my h/r mgr. that i was entitled to 13 weeks paid disability (60% of my pay. he told me that i just needed my doctor to sign off on the medical form. i got the paper signed and i gave birth on 4/12. my last day of work was 4/11. 3 weeks after i gave birth i got a partial check from the disability company. i called and inquired where the other 8 weeks were and the disability company told me that my company on entitled 5 weeks paid. i havent had any income since 5/24, what should i do now? my job misled me and now i am stuck at home with two small children and no income. i've lost my health insurance and my daycare because i can no longer pay, because i have no income. i was barely able to pay my rent. and i was forced to cash in my 401k and retirement just to keep my head afloat this month. to make matters worse my husband just got stationed in NY and i am here in MA all alone. at this point i am basically forced to move to NY. is my work liable for misleading me? am i able to collect unemployment since i am financially unable to support myself? what recourse if any do i have against my employer?


Asked on 6/08/05, 4:41 am

1 Answer from Attorneys

Re: bumped from paid maternity leave

I would suggest you contact your company's HR department and demand in writing an explanation of why you were told you had 13 weeks disbility due and leave and only receied 5 weeks. Put your request in writing. Once you have a response you will have more facts on which to pursue your matter.

If your husband is in the armed forces which is implied by your statement that he is "stationed in NY", you should be entitled to medical coverage for you and your children. You should contact his base for directions on who to see for assistance.

I would also contact the military with respect to relocation etc.

Good Luck

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Answered on 6/08/05, 6:57 am


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