I haven't seen a bitch thread today- sorry if I am creating a double.
I work for a tribally owned company, so we have employees that are tribe members and many that are not. (I am not)
The chief sent out an email late Friday evening that I just read today letting us know that all tribe members are now get 8 weeks of fully paid maternity leave.
Whyyyyy would they send that to me? I get short term disability so I don't get paid for the first two weeks- I can use whatever accrued time I have during those two weeks. Then I get 4 weeks paid at 60%. The other 6 weeks are unpaid if I chose to take them.
I don't understand why this email went out to every person in our company.
They even had a little snippet about Candance in HR who is now thrilled that she can concentrate on her baby and not he finical burden of unpaid leave.
I don't understand why that is only offered to certain employees- isn't that discrimination? What if they said all black employees or all white employees or all hispanic employees could get paid leave? That sure as hell would not fly...
They even had a little snippet about Candance in HR who is now thrilled that she can concentrate on her baby and not he finical burden of unpaid leave.
That's super shitty - what's the ratio of tribe members to non? Could you try to negotiate at least some paid leave since others are getting 8 weeks?
Post by bethypoo83 on Feb 17, 2015 12:17:46 GMT -5
Does this company have an HR department? If not, they seriously need one and if so, it needs to intervene. Sending emails like that company wide and creating policy of that nature is begging for a discrimination complaint. So sorry you're dealing with this. As if planning for baby and maternity leave aren't stressful enough.
Does this company have an HR department? If not, they seriously need one and if so, it needs to intervene. Sending emails like that company wide and creating policy of that nature is begging for a discrimination complaint. So sorry you're dealing with this. As if planning for baby and maternity leave aren't stressful enough.
That's really jacked up....and it does seem discriminatory to offer perks to certain employees and not to others. This isn't exactly the same thing but the company I worked for when I had my daughter changed their short term disability policy LITERALLY at the beginning of 2013 (my daughter was born in February 2013.) I had been there for 8 years and had seen about 100 women go out on maternity leave that was paid out at 100% and I think they changed it to where mine got paid out at like 60% or something. To say I was pissed is an understatement.
Of course, the company I'm at now is small enough that they don't have short term disability and they don't have to abide by FMLA or anything so ALL my leave will be completely unpaid this time. This is a major soapbox for me....the United States is the only developed country in the WORLD that doesn't have mandatory paid maternity leave, and no other country makes it more difficult on women to return to the workforce. It really makes me angry.
I don't understand why that is only offered to certain employees- isn't that discrimination? What if they said all black employees or all white employees or all hispanic employees could get paid leave? That sure as hell would not fly...
It's a tribal company and I assume operating on tribal land? They have different laws and can give preferential treatment to members of the tribe I suppose. Will be curious to hear the legal basis for it because I am just speculating.
It's a tribal company and I assume operating on tribal land? They have different laws and can give preferential treatment to members of the tribe I suppose. Will be curious to hear the legal basis for it because I am just speculating.
I think @blackpearl08 is on to something here.
It wouldn't surprise me. My college was near a reservation and reservation land = reservation rules. The casino definitely had preferred treatment to the employees who were on the Cherokee roll.
It wouldn't surprise me. My college was near a reservation and reservation land = reservation rules. The casino definitely had preferred treatment to the employees who were on the Cherokee roll.
Yes. The Miccosukee tribe is just South of me here in Florida and they have their own rules for operation and are exempt from certain state and federal laws. I have never looked deeply into the employment side of tribes and their operations, but they do have a TERO (Tribal Employment Rights Ordinance) which outlines tribal preference.
Here are two excerpts I found:
"Tribal Preference is not allowed on federal/state contracts or in private employer situations. Many tribes have tribal preferences in their TERO Ordinances that are not consistent federal law and therefore not allowed on any federally funded or assisted contracts. Tribes can however, apply tribal preference in all aspects of employment to their own business enterprises and construction contracts. Tribal Preference is also allowed on tribal Public Law 93-638 contracts.
There are no federal laws which prohibit Indian Preference. Tribes are exempt from Title VII of the Civil Rights Act and several other federal employment laws. Numerous court rulings have upheld this exemption (see Morton v. Mancari). Additionally court rulings have indicated that Indian preference is a political preference and not a racial preference and as such does not violate the dictates of federal employment law."
Does this company have an HR department? If not, they seriously need one and if so, it needs to intervene. Sending emails like that company wide and creating policy of that nature is begging for a discrimination complaint. So sorry you're dealing with this. As if planning for baby and maternity leave aren't stressful enough.
Read the last paragraph!
Oh geez. I missed that little nugget. That's ridiculous.
Exaclty ^^^ I need to get over it I just wish I hadn't received the email. Fortunately I have already been planning on my short term disability and have been actively saving to cover the unpaid weeks. It was just a major tease first thing in the morning!
It doesn't make it feel any better to receive the email like you did. I am sorry for that. I would be disappointed too. I am glad you have planned as you have for your leave...but I am sorry that was thrown in your face. Not cool.
my husband's family dealt with a lot of differences with tribal vs non-tribal stuff where they grew up. I'm sorry that you don't get better coverage when some other parts of the company does. That stinks
It's a tribal company and I assume operating on tribal land? They have different laws and can give preferential treatment to members of the tribe I suppose. Will be curious to hear the legal basis for it because I am just speculating
You are right- they are a sovereign nation so they have their own government. We have other issues with discrimination that come up all the time, they do not offer benefits to same sex married couples and they will not allow anyone that is prescribed medical marijuana to be employed.
It's interesting to deal with - but yes, pretty much this.
We've worked a lot with the Tribes in construction a ton and it's always very different from any other owner we deal with. From what I've seen, at the end of the day there isn't a thing you can do about it.
My two brothers are both native Indians and they get all kinds of different rules and treatment. It's just how things work. I'm assuming that since you know it's a tribal company that this is how things roll with them. Just like secondary education. They have different rules and ways of doing things. Mat. leave is a benefit that many many companies do not offer.
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