Case for discrimation during maternity leave - Mothering Forums

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#1 of 6 Old 10-06-2008, 11:52 AM - Thread Starter
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I get paid commissions(monthly payout) and bonuses(quarterly payout) in my job. It is based on a group effort with my other sales reps, not individual. When I went on leave with dd, I was paid these. Back then, it was based on revenue for that month, not booked sales like it currently is.

During FMLA, I was going to use vacation(about 2 weeks) and sick time(about a month) during this time. My boss told me today that I will not be paid commission and bonuses during my leave. If we(non-pregnant people) were to use vacation or sick time normally, we would still be paid.

Do I have raging pregnancy hormones or am I right feeling this is wrong that they will not pay me?

I am thinking about getting creative about my vacation and sick time and just taking it after my 12 weeks vs. during. And hoping to get paid out that way.

I hope this makes sense. Let me know what you think. I am going to my boss's boss about this now. So, maybe this will get resolved in my favor, but I am not holding my breath.

One more reason I want to fight for paid maternity leave in this country!!!

Mindfully parenting DD 8/04 & DS 11/08, Human beings are the only mammals who do not nurse their offspring to full term.
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#2 of 6 Old 10-06-2008, 12:26 PM
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Hmmm, I'd use up the paid time off first and then tack the FMLA on after that, or vice versa. What was your reasoning behind merging the two?
You should definitely get paid during your vacation and sick time but I am no expert on FMLA. I thought it was strictly unpaid leave.
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#3 of 6 Old 10-06-2008, 12:29 PM
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I don't have any idea how commissions work. Can you contact your states Beaureau of Labor and Industries and see what their take is?

"Listen, are you breathing just a little and calling it a life?"~Mary Oliver

RT knitting mama  to 3 (& 8 who didn't make it) wife working on 13 years to a silly man who drives me crazy.
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#4 of 6 Old 10-06-2008, 01:33 PM
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I would say that if a sick or vacationing person can collect, then you should be able to collect, too. That doesn't make any sense.
I am also annoyed at the way our system works here in the U.S. I just got off the phone with our HR person at my work organizing my FMLA (luckily she is also pregnant, so she knows how difficult it is). One thing I do know--you do accrue vacation and sick time during your FMLA time.
Good luck--keep us posted.
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#5 of 6 Old 10-06-2008, 03:22 PM
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gotta love america...

i do hope you are able to get what is rightly yours. if any sick or vacationing person is able to get paid during their time off, you should too. no questions asked.

~helen~ mama to 5 yo twins jonas and micah and my 2 yo baby boy eli
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#6 of 6 Old 10-06-2008, 03:30 PM
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Definitely, if they get paid, so should you!

write@home mama to big boy (04-06) and little boy (10-08)
and someone new in november stork-suprise.gif

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