October 17, 2017

Lying Can Make You Ineligible for FMLA Medical Leave

“FMLA is meant for employees to use when they, or a close family member, are suffering from any type of medical illness or condition.

This is typically used if someone has cancer, just had a baby or just about anything else that a person can have.

Even if you do not want to expose your illness to your company, you must not lie about what you are going through.

If you choose to lie about your situation, it may cost you your job and you won’t be able to get the benefits that you should be able to take advantage of.

Your company will have some sort of privacy policy that they must adhere to, so you will not have to worry about your entire company finding out about what is going on with you in your personal life.”

HR Morning

Employee Rights and Responsibilites Reguarding FMLA

Family and Medical Leave Inclusion Act

“The Family and Medical Leave Act, FMLA for short, provided a lot of sorely needed benefits to employees that had to miss work to care for families. The FMLA currently allows 12 weeks of paid time off work to care for a new baby, spouses, minor children (under 18), and parents.

Family and Medical Leave Inclusion Act

Since ‘the family’ has changed and new situations have continued to arise that challenge families, the existing law doesn’t cover the new types of families, including same-sex partnerships, children of domestic partners, as well as adding in considerations for siblings and grandparents.

Changes in the law have been proposed to include these new factors, which will again help this revolutionary law to cover all families going forward.”

Can Pregnancy and Maternity Affect Whether You Get A Home Loan

Going on a leave might not leave someone feeling as secure as one might of felt in the past. Although various laws and regulations have been put in place to help provide confidence and comfort to anyone needing to take time off from work, there are still areas that seems to fall through the cracks. At this point in time there is the Family and Medical Leave Act that allows an employee to take an unpaid leave for a specified amount of time for certain medical or family issues where their employer should treat them as if they had never taken a leave. So thanks to this act many people who need to go on leave know that they will not be punished for taking a leave.

Recently however, a couple of situations arose that rock the boat in regards to taking leaves and the security that many thought they had is a bit shaky. The issues that have been brought to public attention right now deal with the ability to be able to acquire a loan while on maternity leave. The first situation dealt with a doctor who was at first approved for a loan was later denied because they found out that she was on maternity leave. This doctor was able to settle with Cornerstone Mortgage since it was an obvious violation of the Fair Housing Act. The second situation involved a married couple who were denied a mortgage because they could not get a guarantee from insurance “unless and until the wife returned to work from maternity leave.” Housing and Urban Development’s assistant secretary stated that the stance for mortgages is clear when it comes to maternity leave is clear and that there should not be any discrimination against pregnant women.

Can Pregnancy and Maternity Affect Whether You Get A Home Loan

Although it seems like it is common sense to be fair toward pregnant women and not to use their pregnancy against them, Kristin Rowe-Finkbeiner, executive director of MomsRising, states that it is a rather common problem, just not very publicized. MomsRising is an organization that advocates on behalf of mothers when it comes to motherhood and other family issues. Rowe-Finkbeiner stated that a big problem with this is that people choose to assume that women will not go back to work after maternity leave, however, with the way the economy is, most women do go back to work.

The banks associated with both of these issues have stated that they have no specific training guidelines when it comes to maternity leave and did not specifically state to deny these applications. The information is currently being reviewed to make sure it is in compliance with the Fair Housing Act. In the meantime there may be many more individuals out there who went through the same thing.

Department of labor page on FMLA

HUD’s Fair Housing Act page

Website for momsrising

HUD wikipedia page