THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Sunday, December 4, 1994 TAG: 9412050229
SECTION: BUSINESS PAGE: D1 EDITION: FINAL
SOURCE: BY DEBRA GORDON, STAFF WRITER
LENGTH: Medium: 97 lines
When JoAnn James unexpectedly found herself pregnant at 40, she knew she was in for a tough time. With her history of blood clots, she figured she'd need extra care, extra rest and extra precautions.
She never dreamed she would wind up in a hospital bed for 108 days, or that, on day 86, her employer of 10 years would send her a certified letter firing her.
But the Norfolk law firm where she'd been employed as a word processor for 10 years, Kaufman & Canoles, felt it needed to fill her position during its busiest season.
It tried using temporary workers but decided it needed a more dependable, full-time replacement.
Kaufman & Canoles was within its legal rights when it fired James last month. But the situation, women's advocates say, is a classic example of the shortcomings of the 1-year-old Family and Medical Leave Act, and highlights the difficulties women face when they try to balance family and work.
``There is documentation that shows that men who have health problems are far, far, far less likely to lose their jobs if they exceed their leave than women,'' said Maripat Blankenheim, spokesperson for 9 to 5, National Association of Working Women.
The FMLA, which provides up to 12 weeks unpaid leave in the event of an illness, a birth or adoption of a baby, was designed to protect working parents' jobs and enable them to balance their personal and professional obligations.
Its direct cost to employers is negligible, because they don't pay employees while they're out. Employees must also pay their own insurance premiums while they're on leave.
``This points to one of the basic flaws in the law in that anything that exceeds 12 weeks is completely left up to the employer,'' Blankenheim said. ``And because we have a fair amount of employers who lack the basic courtesy that we all hope management would have, many hard-working Americans are being dealt the worst injustice at a time when they need it least.''
But employers have to balance the needs of their employees and their clients, said John Lynn, director of administration at Kaufman & Canoles. ``The difficulty employers have talked about from the start of the FMLA is what about your unique employee,'' one whose job can't be easily filled by others within the company.
James, he said, as one of four word processors in the firm, fits that description.
``We pride ourselves in being a firm that has good benefits and is very concerned about our employees, but we do have to ultimately serve our clients,'' he said.
James' last day of work was July 27 when a severe urinary tract and kidney infection sent her to the doctor. Her medical condition worsened, and she was hospitalized at Chesapeake General Hospital Aug. 22.
Soon after she stopped working, she ran out of vacation and sick leave and began using FMLA leave.
While under FMLA, she received no salary and paid her $400 monthly health insurance premium herself. Three weeks ago, she became eligible for long-term disability at 60 percent of her salary.
Since she's been out, the company filled her job with temporary employees. But that wasn't working, Lynn said. The temps were undependable, and the firm was heading into its busiest season. It needed a dependable, full-time employee in the position.
``It was a business need vs. our attempts to consider the employee's situation,'' Lynn said.
Blankenheim, from 9 to 5, said such actions are ``unbelievable.'' And Donna Lenhoff, general counsel for the Women's Legal Defense Fund in Washington, says just because the firing was legal ``doesn't make it right.''
But James is taking a less vehement approach to the situation. She refuses to berate the law firm for firing her, only for the manner in which it occurred.
A week after she received the dismissal letter, the law firm sent a courier to her hospital room to deliver the contents of her desk.
``It's not like I'm so far away,'' she said from her hospital bed. ``Someone could have driven over here and sat down across from me and told me they had to let me go. There should be a kinder, more gentler way to handle this than getting a piece of mail.''
But the firm felt a letter was the best way to handle it, Lynn said. ``The one thing the letter offers is the chance to read it and reread it and absorb it, and we felt it was the appropriate forum.''
The firm did say in the letter that it would consider James for future employment. But she's skeptical of that statement.
In the meantime, she's trying to remain calm, thinking of her baby daughter, who is supposed to be delivered Wednesday by Caesarean.
Even then, her ordeal won't be over. James will have at least two more weeks in the hospital while her condition stabilizes. During that time, her parents and husband will care for the newborn baby at their home in Elizabeth City. ILLUSTRATION: Color photos
STEVE EARLEY/Staff
Word processor JoAnn James, confined to bed during a difficult
pregnancy, was fired after she exceeded the 12 weeks' unpaid leave
provided by the 1-year-old Family and Medical Leave Act.
by CNB