Can my employer give my job away because I go on maternity leave?

michr

your question can not be accurately answered without knowing:
where you are

if in the US:
how long you have been employed

how many hours worked in the last year for this employer

how many employees are employed by this employer in a 75 mile area

if you are in the US this employer could easily not be covered by FMLA and/or you could not be eligible for it if they are covered.
http://www.dol.gov/compliance/laws/comp-fmla.htm
http://www.dol.gov/esa/whd/fmla/index.htm

if you are not covered under FMLA then the companies policy on leave of absence is what will be followed.

as far as the legalities of the employer changing your job, pay or hours that also is an employee-employer relation and generally not covered by law.
IF you are covered by a contract or under a collective bargaining agreement that specifically covers the issues of a job description or duties change then that would take precedence.

always b natural

Where I am from, they can give your job away. Their only obligation is to take you back at the same wage, not necessarily the same position.

HouAnswerGuy

Yes they can...they can not fire you but have no obligation to retain your specific job for you...they are a business and life goes on...you made your choice.

mJc

Depends on the size of your company and what your maternity plan was; but it could be a violation of the Family Act Leave. However, if you've already voluntarily stepped down from your position, there's nothing you can do about it now.

Mr. Goodkat

yes they can do it. its not discrimination. they still need a supervisor.

aaron9natl

INO! IFANYONE TAKES A MEDICALLY NECESSARY LEAVE OF ABSENCE, THEIR WORKING POSITION IS PROTECTED BY LAW, THEY MUST BE GIVEN SAME SAID POSITION BACK WHEN THEY RETURN.
HERE IS MORE INFORMATION ON MATERNITY LEAVE:
" 'Every pregnant woman is to be allowed maternity leave. The law indicates that employees who work 40 hours per week, are entitled to a minimum of 14 weeks maternity leave, 13 weeks of which are totally paid, and one week which is unpaid. Women who work 20 hours and over get a pro-rata entitlement. These are minimum entitlements and may differ according to individual contracts or collective agreements. However they can only be increased and not decreased.'

Maternity leave can be taken for a period of 14 weeks - four weeks must be taken before the birth, and six weeks must be taken after. The remaining balance of days may be taken according to specific needs. Whichever option is taken, the employer must be informed of these decisions so that arrangements can be made accordingly.

'It is important to stress here that a woman who is pregnant is entitled to these rights whether she is a part-timer, a full-timer or working on reduced hours. It is also necessary for women to be aware that they cannot be discriminated against because they are pregnant, or because they are sick during the pregnancy, just as they cannot be forced to miss a promotion, cannot be sacked or threatened to lose a job because of their condition."
HERE IS A LINK TO THE COMPLETE ARTICLE: http://www.vacancycentre.com/resources_articles_equalopportunities_4.asp
QUITE OFTEN THE EMPLOYER THEMSELVES DON'T KNOW WHAT THE LAW PROVIDES FOR EMPLOYEES. I HAD TO TAKE A MEDICAL LEAVE OF ABSENCE A FEW YEARS AGO, AND WHEN I RETURNED, MY COMPANY TRIED TO PUT ME IN A STARTING POSITION AND SAID I HAD LOST ANY SENIORITY BENEFITS I HAD FOR THE YEARS I HAD BEEN THERE. LUCKILY I QUESTIONED THIS POLICY AND FOUND THAT BY LAW THEY WERE WRONG.
I HOPE THIS HELPS. TAKE CARE, AARON

vgordon_90

In the U.S., there is a Federal Law called the Family Leave Act. It is the law that defines how an employer must treat their personnel who take maternity leave or sick leave for a given period of time.
Here's a copy of the text for that part of the act that covers you.

'Job Benefits and Protection
Upon return from FMLA leave, an employee must be returned to the same position or to an "equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment."
An employee who takes FMLA leave is entitled to maintain health benefits coverage. An employee on unpaid FMLA leave may pay the employee share of the premiums on a current basis or pay upon return to work.
Advance Notice and Medical Certification
An employee must provide notice of his or her intent to take family and medical leave not less than 30 days before leave is to begin or, in emergencies, as soon as is practicable.
An agency may request medical certification for FMLA leave taken to care for an employee's spouse, son, daughter, or parent who has a serious health condition or for the serious health condition of the employee.

So, if you have followed the simple rules set forth, then you cannot be denied your position. If that happens, you have wo choices: A] Sue the company for your position return. B] Find another job at another company.
Good luck.

scully513

Technically no because you are still working there and will not leave until November. Also, they cannot fire you, but they can give you another position when you return. It's immoral, not illegal.

bluegoat114

It is perfectly legal. The way the law states is that you will have a job when you return from maternity leave, but they do not have to guarantee the same job you were in when you left. (retired IBM corporate excec. mgr)

Katie H

It depends on how long you were with the job. If you qualified for maternity leave then they should at least hire you back at the end of your leave, but otherwise they have no obligation to do so. Especially if you stepped down, there's nothing you can do now. They don't have to give you the same job either.

hr4me

My questions to you would be:

1. What state do you live/work in? Are there state family leave laws that cover you?

2. Is your company eligible for FMLA? Are you eligible for it? If so, then they have to hold the job for you for up to 12 weeks. (They can return you to a different position but pay and benefits must remain the same)

Leon M

Yes, It's not your job but owned by your employer. Unless you signed a contract which specifically underlined maternity leave and your rights.

John Harris

repost your question and include the name of the state the job is in, thats the only way you will get an accurate answer.

ObaMoose

You should get a lawyer right away. You are protected from losing a position or getting raises due to a medical condition which pregnancy legally is. Try to get something in writing if you can. You can sue them not just for current lost wages but also for lost future wages and raises that you would of gotten if you had not gotten pregnant or had another health issue that made you unable to work temporarily.

http://www.dol.gov/esa/regs/compliance/posters/fmlaen.pdf

Except from this link:
http://www.lectlaw.com/files/emp31.htm

Under this law, employers who have at least 15 workers are not
allowed to:
o Refuse to hire a woman because of pregnancy
o Fire or force a worker to leave because she is pregnant
o Take away credit for previous years, accrued retirement benefits,
or seniority because of maternity leave
o Fire or refuse to hire a woman because she has an abortion

You must be allowed to keep working as long as you are able to do
your job. Your boss cannot make a rule about how long you must stay
out of work before or after childbirth. If your company does not
offer sick leave, then it may be discriminating against pregnant
workers.

Your employer must treat you at least as well as he/she treats other
workers who can't do their jobs for a short time. For example, if
your company lets a worker go who had a heart attack or broken leg on
paid or unpaid disability leave, you must also have this right if you
are unable to work because of pregnancy or childbirth. If your
pregnancy stops you from being able to do your job, you have the
right to be given easier duties, if other workers who can't do their
jobs for a short time get this right.

http://www.eeoc.gov/facts/fs-preg.html

OnuaT

I thought it was illegal to let someone go because they need time off to have a child, but according to my source (below), "the Family and Medical Leave Act (FMLA), which entitles most workers to up to 12 weeks of job-protected medical leave for birth or adoption. However, the FMLA doesn't cover those who work for smaller companies and guarantees only unpaid leaves."
Also, they say, "Most likely, you'll use a combination of short-term disability (STD), sick leave, vacation, personal days, and unpaid family leave during your time away from work."

sosanna67

It apparently depends on whether your employer is a "Covered Employer." If you think that these apply to you, you should contact a lawyer. If you are low income, many states have legal services available relating to family law.

From the US Dept of Labor site:

Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
* for the birth and care of the newborn child of the employee; etc.

"An employer covered by FMLA is any person engaged in commerce or in any industry or activity affecting commerce, who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year."

Cal Boy

i'd say he has the right to.

mombo

it doesn't sound right to me. I'd check with a lawyer.

sneakers

Yes this is discrimination. The family medical leave act allows for 12 weeks without losing your pay or position. It can be a similar position equal in pay, benefits, & responsiblity. Did you lose money or benefits by stepping down? If so you can prob apply for unemployment for the difference. I know that FMLA only pertains if you have a certain number of employees I think it is 50. But I would go to HR or your boss and tell them that they violated the FMLA.

castrodavie

fas

seriously_richard

That sounds pretty wrong - Hopefully a lawyer will reply to the question and clear this up

Else you may want to contact your own lawyer or solicitor - If it is illegal then it could be a god-send for you, suing is a goldmine

hands.adrian

cant do that
FMLA
thank you Bill Clinton--greatest president of the 21st century
why do republicans hate mothers?

They could have posted the job as temporary. They probably think that now you will be calling in sick more because of the baby. Is it fair? Hell no, but it is done to women all the time.

Cyndi

depends on what state you are in. as a general rule, if you're in a blue state it's illegal. red state, perfectly fine.

melissardh

Aaron... continue on please and quote the fine print which you can read legally posted for employees in any workplace, this applies only to employers with 50 or more employees! If there are less they make their own maternity leave rules period!

lina

I am on maternity leave/FMLA I just received a call by my manager telling me to take the full 12 weeks off instead of coming back after 8 weeks and when I return he is cutting my job to 20 hours a week not enough work, the position is still there but he has a temp covering my spot for less pay. I thought FMLA guaranteed when you came back to work you had your job as you left it. They are not doing away with the job and I know my clients and work is still there how is it legal. I have not contacted HR or higher management. I wanted advise before I started trouble with my reporting manager.

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