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Price is right tries to ignore FMLA
Like, seriously Price is Right? Wtf?
http://m.freep.com/latestheadlines/article?a=2012121123009&f=1231
I haven't heard anything else about this, so I'm basing my whole opinion in this article, but what a bunch of a-holes!
Premise: Model goes on maternity leave. Tries to come back to work after. PIR says no thanks, we are happy with the models we have. Sorry, your out of a job.
Do they not know the law? The article made it seemed like they actually used the whole "we are satisfied with the models we have," excuse! Um, who cares? That woman deserved her job back!
This makes me so mad because of all the conservative war cries against business regulations and such. Yeah. Big companies prove over and over again that if they aren't forced to be fair, they just won't bother.
Re: Price is right tries to ignore FMLA
My first post was a little bit incorrect. Looks like she did return to work, but was subsequently fired after being discriminated against for reasons pertaining to her pregnancy, etc.
http://m.hollywoodreporter.com/thr-esq/price-is-right-model-wins-393521
Honestly I'm shocked it came down in her favor. California is a Right to Work state. Typically employers can let people go at any time for any reason. I'm also guessing legally Barkers Beauties (or whatever they are now) are contractors, not legally employees, although I admit I am not at all up on how game show programs are regulated with regards to if they are unionized or whatever.
The thing about maternity leave is you are guaranteed *A* job at the company, not necessarily the *same* job. I'm less sure if they could cut her salary if they put her in a different role. It actually is a frequent occurrence when a woman goes on Maternity leave that the company hires a temporary worker to replace them and finds they actually like the temp BETTER. When the woman comes back from leave she may find herself pushed into a position she doesn't care for and be driven to quit. Of course the fact it happens doesn't make it *right*, but in many cases it is legal.
But, even in a right to work state, you have to abide by FLMA, right? I actually am not sure, but right to work status might be irrelevant if yes. I don't know the stats, but aren't most non-union employers at-will anyway? No matter what state they are in?
I was an independent contractor when I left work and had my baby, so I never really researched FMLA. I'd have to guess the opposite of you in relation to their employment status based on this result. If they are contractors, then why would that have held a job for her in the first place? Unless she was a good worker they wanted to employ. In that instance, that would just further her claim of discrimination.
I wasn't actually aware that an employer just had to provide a job to a returning parent and not their job, but I suppose the world does not stop turning during maternity/paternity leave.
In the model's case, this could have been a career killer. Perhaps the verdict came down in her favor because of the specificity of her position. As a model, she obviously wants to be in the entertainment industry. Being a model on the show furthers that goal a lot more than working behind the scenes. It's not just about the paycheck, but about the career.
If a high level executive making her way up the ladder took maternity leave, and upon her return was told that the person who had been filling in was better suited, and although her pay would be the same (unlikely, I know), she would be doing a more menial position with less responsibility and less chance of furthering her career, I can't see her just accepting the situation.
I'm glad the verdict was in favor of the model.
ETA: Holy tl;dr. Wow. LOL.
It would make a difference if she was an employee or an independent contractor. Also, isn't there a time limit on FMLA? Like 12 weeks or something for the birth of a child?
I had a co-worker who was diagnosed with Leukemia and was covered under FMLA but they could only hold the position for a certain period of time. When that time came and went, they let them go. However, once the leukemia went into remission they hired the employee back into a different position.