I am doing temp work for someone who's on maternity leave,my employer said if she's not back by 6 weeks,?

I can take her place, but after 4 months of temping at her position, l didn't get the job, and HR said she can take maternity leave for as long as she wants,she 's entitled to get her job back after 4 months, because she was a "permanent hire"and l have no rights. That position has no insurance coverage or any kind of benefits,it's also part time.

What's the legal time frame for a maternity leave? Can l take her place if she took longer than that?

Beau R

Every state has its own rules, so that you need legal advice from a lawyer, as to your rights. As to maternity leave, the Family Medical Leave Act, a federal law, allows up to 12 weeks of leave from a job. I'd suggest you go to your Human Resources Department, and make an application for a position.

bdancer222

It makes no difference what the laws are on maternity leave. If the company wants to allow this person 2 years of paid maternity leave, there is nothing you can do about it. It is entirely up to the company and the person taking the leave.

As a temp, you have no standing. The company can terminate your services tomorrow.

Judy

There isn't any legal limit on how long they can let her be off on maternity leave - and you can't take her place permanently unless the company decides that you can. Even if she decides to NEVER come back, they could just not fill her job, or give it to someone else and not to you.

They obviously changed their minds from the initial 6 weeks. It's totally legal for them to do that.

Judy

You don't want that job.
No insurance and part time?
Keep earning experience as a temp. I did it for many years, and gained massive amounts of experience, not to mention a great husband.

Enjoy working temp. When you get really good its fun.

Geri G

Under law The Family & Medical Leave Act (FMLA) allows â€eligibleâ€ employees to take off up to 12 work weeks in any 12 month period for the birth or adoption of a child, to care for a family member, or if the employee themselves has serious health condition.
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AnswerMe

For one thing, your employer misled you when they told you after 6 weeks you would take her place. If they had told you the reality, then you probably wouldn't have taken the job, right? I would go back to the employer and remind them what they told you. I think that is BS that they pulled that over on you. I don't know the legal time frame for maternity leave, but do a search on it in your state. There are different laws for different states. You can also go on a lawyer forum and ask them there. Many practice in labor laws. Good luck, and if all else fails, get your temp agency to get you another job, or find another one. If your employer is that slimy, do you really want to work for them? I'm sorry about your situation, good luck!

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