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About Brian Phillips
Expertise
Can answer questions in areas of wage and hour, OT, Fair labor standards, FMLA, COBRA, Recruiting, Interviewing techniques, employee manuals, HRIS rollout, Employee Leasing or Staffing company cost analysis, bacon, eggs, and more. Essentially a well rounded HR generalist who operates Harvis, Inc., a human resource consulting and service business based in Northeastern Pennsylvania "NEPA". www.harvis.org

Experience
As owner and chief consultant at Harvis, Inc., we provide Human Resource services and structure to small businesses without their own HR department. We make workplaces better by becoming that 1/2 person they need to help handle HR responsibilities on a daily, weekly or monthly basis. Formerly responsible for all Human Resource activity for a staffing company with 2,500 annual employees as well as an employee leasing / PEO business with 1,500 annual employees. Designed and implemented the HR structure to support hundreds of clients in excess of $ 500 million in payroll volume over career in Human Resources.

Organizations
* Greater Wilkes-Barre Chamber of Business and Industry - current member and former co-chairperson for the HR Taskforce; * Tri-County Personnel Association (oldest continuous operating "HR" association in the nation (we think)); * Back Mountain Business Association - Dallas PA * Business Association of the Greater Shickshinny Area - Shickshinny PA

Publications
Northeast PA Business Journal - interviewed for various articles HR Insights - Chamber of Commerce HR publication

Education/Credentials
Bloomsburg State University - 1993 BS Marketing located in Bloomsburg Pennsylvania and Luzerne County Community College - 1991 Business Administration located in Nanticoke, Pennsylvania

Awards and Honors
* Better than average - 20/10 vision * Bestowed with an occasional "Thank You" from clients and their employees.

You are here: Experts > Jobs/Careers > Human Resources > Human Resources > Maternity Leave

Human Resources - Maternity Leave

Expert: Brian Phillips - 10/20/2009

Question
I am a waitress at a diner. I have worked there for 11 years. I have also worked the same shifts for the last 5 years. I am 34 weeks pregnant and will be having my baby in 6 weeks. Last week my pregnancy ran into complications and I had to have a surgery to repair a hernia. Because of this I was forced to start my maternity leave now. I have talked to my boss and she knows that I will be coming back 2 weeks after the baby is born for a total of 8 weeks off for leave. My boss just hired a new full time waitress to work my shifts. My question is that when I go back to work does my boss have to give me back the same shifts that I had when I left, or just the same amount of hours?   I ask this because it makes a big difference at my restaurant. Because I have been there for so long I work the really good shifts. If I do not get those shifts back I will be making less than half of what I was making on "my shifts", before my leave. Is is legal for her to give me different shifts when I come back to work after my leave is over?
Thank you in advance
Diana Verge

Answer
Diana-

I don't know. I ask all questioners to provide me with information when they ask a question.

Please tell me what state you live in and what state you work in. Also how many employees work at your restaurant within a 50 mile radius. (in other words, how many employees are there?   If two people work 20 hours each, count this as one full timer, okay ?

This information helps me determine if FMLA applies to your situation. Different states have different laws.

Thanks,

Follow up at your convenience.

Brian

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