Comment

If in the US, generally that would be an FMLA issue. But given the size of the company, FMLA doesn’t apply. As I recall, it only applies to companies bigger than 25 or 50 employees. I used to work for a small MSP, and we had about 20 employees. I had no guarantee of any parental leave when my kid was born, so I had to work remotely and take PTO to cover my time off. It was not how I wanted it to go.

source

Sort:hotnew top

MystikIncarnate@lemmy.ca ⁨1⁩ ⁨year⁩ ago
I’m in Canada, and with the exception of some healthcare and related things (like parental leave), we’re very similar in employment laws at a high level. I still plan to inquire about it with an attorney, but I’m not exactly hopeful that will result in something.

Speaking to some people who know the system better than I do, locally, they’ve informed me that our government employment insurance system (which has been covering me financially since I became “disabled”, may launch an inquiry, since it’s very legally dubious that a company doesn’t take back a worker after a disability)… based on the results of that inquiry, I may have legal options… that’s a lot of if’s, and relying on others to do their jobs and results of these things being in my favor. At present, I’m apt to leave it be, but I will pursue it if advisors say otherwise. I will be seeking official legal advice on the matter at some point in the near future. I can’t and won’t promise any specific action because I don’t have all the information required for the matter; in my mind it could go either way. what I can promise is that I’ll be looking into it. I don’t know that I will update anything in any meaningful way to relay the results here, but it will be examined as an option.

What’s important to note, is that this is a layoff. A layoff is different than firing (termination of employment), you still don’t have a job at the end of the day, but a layoff is more along the lines of “we are currently unable to fulfill the requirements of employing you”, which opens the option of employment later if the conditions change on the companies side of things. I’m still unemployed at the moment, so I’ll see what happens, I don’t officially come off disability until the end of the month, and I don’t report that to employment insurance for a few weeks yet; but I may give them a call on Monday just to inform them of the change, which may accelerate the process. Regardless, I don’t want to force them to employ me, since that’s usually a recipe to have them seek out any/all infractions and reprimand me whenever possible to justify firing me with cause, which would be worse for me overall; EI here only covers job loss where there is no fault of your own contributing to the loss. If you are fired with cause, then you’re on your own. While EI doesn’t provide enough income to sustain myself properly, it’s something, which is more than nothing.

source