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Need help with contract and Maternity Leave Finances

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  • Miss Bonnie MD
    replied
    You nailed it wideopenspaces.

    Now id be ok with having to make up some of it since there is still overhead whether I am there or not but that's nowhere near double my base salary

    Leave a comment:


  • wideopenspaces
    replied







    This doesn’t make sense to me for several reasons. When you normally take PTO do you have to make up your salary?

    If you are being paid by a disability plan, you by definition can’t work during that time so I’m not sure how it would be legal for them to have you make up that time.

    And even the last 2 weeks of unpaid leave seems like your base salary just goes to zero during that time so it should again be taken care of.

    I just don’t understand how they could force you to work and not pay you for it.

    You are using FMLA time to cover all this, correct? I have never in my life heard of an employer making an employee make up their FMLA time. I knew maternity leave was crappy, but this is the worst I’ve ever heard.

    At my institution we get 6 weeks paid parental leave, then another 6 weeks that is paid if you have enough sick and vacation time to cover it. Otherwise it is unpaid. Then after my 12 weeks I cut my FTE to 0.25 and so my salary was dropped accordingly and I was no longer eligible for benefits, including any incentive pay. But there was no talk of making up the time I was off. Just seems crazy to me.
    Click to expand…


    I am making these numbers up for illustration purposes:

    The way our pay/incentive is structured is our base is X, and anything above 2x per quarter is paid out as bonus. So we bonus quarterly.

    They are saying I need to make up the 2x not generated during my 12 weeks off to bonus again.
    Click to expand...


    So for example, normally your threshold is 10 RVU to get a base salary. If you produce over 20 RVU, you get paid extra. When you come back from leave, they expect you to produce 40 RVU to get beyond your base salary. Right? So you are being expected to do work for which you are not being paid. I don't understand how this can be legal.

    What would happen if you had a good quarter and you got incentive pay for producing 25 RVU and the next quarter you only produced 5 RVU for some reason. Would they make you pay back the first quarter incentive pay? Or would you be expected to produce 35 in the third quarter before getting the incentive pay again? At my job, each quarter is independent. The slate is wiped clean after each quarter, there is no cumulative tally. If you hit the threshold one quarter, great! You get extra pay. If you don't the next, you don't get the pay, but the deficit doesn't carry over.

    Frankly, if my employer was telling me this and a contract lawyer told me this was perfectly legal, I'd be looking for another job. This is crazy.

    Leave a comment:


  • Miss Bonnie MD
    replied




    This doesn’t make sense to me for several reasons. When you normally take PTO do you have to make up your salary?

    If you are being paid by a disability plan, you by definition can’t work during that time so I’m not sure how it would be legal for them to have you make up that time.

    And even the last 2 weeks of unpaid leave seems like your base salary just goes to zero during that time so it should again be taken care of.

    I just don’t understand how they could force you to work and not pay you for it.

    You are using FMLA time to cover all this, correct? I have never in my life heard of an employer making an employee make up their FMLA time. I knew maternity leave was crappy, but this is the worst I’ve ever heard.

    At my institution we get 6 weeks paid parental leave, then another 6 weeks that is paid if you have enough sick and vacation time to cover it. Otherwise it is unpaid. Then after my 12 weeks I cut my FTE to 0.25 and so my salary was dropped accordingly and I was no longer eligible for benefits, including any incentive pay. But there was no talk of making up the time I was off. Just seems crazy to me.
    Click to expand...


    I am making these numbers up for illustration purposes:

    The way our pay/incentive is structured is our base is X, and anything above 2x per quarter is paid out as bonus. So we bonus quarterly.

    They are saying I need to make up the 2x not generated during my 12 weeks off to bonus again.

    Leave a comment:


  • Miss Bonnie MD
    replied




    I’m not sure what anyone is saying.
    What if you didn’t have a pregnancy and didn’t “make” your salary? Would they stop paying you? That’s the point of a salary.

    I’m pretty sure if you were going to bonus you can kiss that part goodbye however.
    Click to expand...


    We have a guaranteed base so even if we are working and not making our base (base x 2 really) - but that is not the case. I (and everyone else) all make MORE than make our base easily. We all bonus.

    But we are required to make our salary before we bonus and we all do plus more, way more.

    Sorry if my original post isn't clear.

    Leave a comment:


  • Miss Bonnie MD
    replied







    This doesn’t make sense to me for several reasons. When you normally take PTO do you have to make up your salary?

    If you are being paid by a disability plan, you by definition can’t work during that time so I’m not sure how it would be legal for them to have you make up that time.

    And even the last 2 weeks of unpaid leave seems like your base salary just goes to zero during that time so it should again be taken care of.

    I just don’t understand how they could force you to work and not pay you for it.

    You are using FMLA time to cover all this, correct? I have never in my life heard of an employer making an employee make up their FMLA time. I knew maternity leave was crappy, but this is the worst I’ve ever heard.

    At my institution we get 6 weeks paid parental leave, then another 6 weeks that is paid if you have enough sick and vacation time to cover it. Otherwise it is unpaid. Then after my 12 weeks I cut my FTE to 0.25 and so my salary was dropped accordingly and I was no longer eligible for benefits, including any incentive pay. But there was no talk of making up the time I was off. Just seems crazy to me.
    Click to expand…


    I don’t think the employer is saying that they’re not going to pay her when she gets back.  All the employer is saying is that the conditions for hitting the bonus pay are the same whether she takes maternity leave or not.  She will get her base pay once she starts working again.

    Once again, this assumes my interpretation is correct.

     
    Click to expand...


    So IMO, my bonus threshold should be pro rated since I'm not working and not getting paid. If they were paying me my base salary during my whole leave then I titally get that I need to make it up. But, I'm not getting paid so why do I need to make up my base salary?

     

    AR, I see what you are saying, the bonus threshold is the same regardless if I take leave or not... but the threshold is my base salary. Feel free to enlighten me.

    Leave a comment:


  • q-school
    replied
    I'm not sure what anyone is saying.
    What if you didn't have a pregnancy and didn't "make" your salary? Would they stop paying you? That's the point of a salary.

    I'm pretty sure if you were going to bonus you can kiss that part goodbye however.

    Leave a comment:


  • Miss Bonnie MD
    replied




    To be honest, I’m not 100% sure what you’re saying, but if I understand you correctly, my default interpretation would have been exactly what your employer is telling you.  Moreover, I think that there is nothing unfair about it and it is pretty standard.

    Once again, this assumes that I’m understanding you correctly.
    Click to expand...


    Let's say I was in PP and it was an eat what you kill situation.

    I take unpaid leave (whatever the reason) - 12 weeks. I don't get paid at all. Fine.

    I come back and start working and I get whatever I kill %. Right?

    My employer is saying I have to make up for the lost INCOME I would've brought in during that 12 weeks. So I start my return to work at NEGATIVE let's say $150K. I can understand them wanting me to pay back overhead costs etc, but that is not the same as my actual salary.

    I re read my salary and I think in the end I will lose because of how it's worded, but wow, it's screwy. My saving grace I think is that I currently work a free clinic once a month with lost revenue from that. My schedule is not in my clinic. I may say I refuse to work that clinic since it hurts me and hurts me more since I'm taking paid leave. I considered it my charity to the field. But I think I'm done with this charity.

    Leave a comment:


  • AR
    replied




    This doesn’t make sense to me for several reasons. When you normally take PTO do you have to make up your salary?

    If you are being paid by a disability plan, you by definition can’t work during that time so I’m not sure how it would be legal for them to have you make up that time.

    And even the last 2 weeks of unpaid leave seems like your base salary just goes to zero during that time so it should again be taken care of.

    I just don’t understand how they could force you to work and not pay you for it.

    You are using FMLA time to cover all this, correct? I have never in my life heard of an employer making an employee make up their FMLA time. I knew maternity leave was crappy, but this is the worst I’ve ever heard.

    At my institution we get 6 weeks paid parental leave, then another 6 weeks that is paid if you have enough sick and vacation time to cover it. Otherwise it is unpaid. Then after my 12 weeks I cut my FTE to 0.25 and so my salary was dropped accordingly and I was no longer eligible for benefits, including any incentive pay. But there was no talk of making up the time I was off. Just seems crazy to me.
    Click to expand...


    I don't think the employer is saying that they're not going to pay her when she gets back.  All the employer is saying is that the conditions for hitting the bonus pay are the same whether she takes maternity leave or not.  She will get her base pay once she starts working again.

    Once again, this assumes my interpretation is correct.

     

    Leave a comment:


  • wideopenspaces
    replied
    This doesn't make sense to me for several reasons. When you normally take PTO do you have to make up your salary?

    If you are being paid by a disability plan, you by definition can't work during that time so I'm not sure how it would be legal for them to have you make up that time.

    And even the last 2 weeks of unpaid leave seems like your base salary just goes to zero during that time so it should again be taken care of.

    I just don't understand how they could force you to work and not pay you for it.

    You are using FMLA time to cover all this, correct? I have never in my life heard of an employer making an employee make up their FMLA time. I knew maternity leave was crappy, but this is the worst I've ever heard.

    At my institution we get 6 weeks paid parental leave, then another 6 weeks that is paid if you have enough sick and vacation time to cover it. Otherwise it is unpaid. Then after my 12 weeks I cut my FTE to 0.25 and so my salary was dropped accordingly and I was no longer eligible for benefits, including any incentive pay. But there was no talk of making up the time I was off. Just seems crazy to me.

    Leave a comment:


  • AR
    replied
    To be honest, I'm not 100% sure what you're saying, but if I understand you correctly, my default interpretation would have been exactly what your employer is telling you.  Moreover, I think that there is nothing unfair about it and it is pretty standard.

    Once again, this assumes that I'm understanding you correctly.

    Leave a comment:


  • Need help with contract and Maternity Leave Finances

    I am expecting and my due date is mid October. I am planning on taking 12 weeks off. I work for a large hospital system. There is 6 (vaginal) or 8 (c-s) weeks of paid leave at my base salary (this is paid out by a short term disability plan paid for by the hospital), I have 2 weeks of saved vacation. The rest will be unpaid - about 4 weeks.

    I was just informed (after going back and forth with HR and my dept business admin) that despite me not getting paid by the dept (besides 2 weeks PTO) - I am STILL responsible for "making" my salary. I am paid a base salary and anything over the base threshold (let's say for illustration purposes I need to make double my base) - I get paid out as bonus pay.

    So they are telling me that I am STILL responsible for bringing in TWICE my base for that 12 week period. This means I need to make up twice my base when I return from maternity leave before I make incentive. I re-read my contract and it does not say this anywhere and it actually says my base salary can be "pro-rated as appropriate." I have re-emailed HR and my business admin.

     

    1) Is this possible?

    2) I emailed HR and my business admin again, saying this does not make sense to me and it is NOT in the contract. Next steps? Who to escalate after?

    3) Should I speak to a lawyer???
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