Go Back   LegalMatch Free Legal Advice Forums > Law Forums > Employment & Labor Law
FAQ Members List Calendar Search Today's Posts Mark Forums Read

Find a Lawyer Now By Category:
Family & Divorce Criminal Defense Job & Employment Personal Injury LegalMatch on Facebook
  Real Estate Lawyers Immigration Business Lawyers Other Lawyers LegalMatch on Twitter
LegalMatch is Fast, Free and Confidential
Reply
 
LinkBack Thread Tools Display Modes
Old 11-23-2006, 10:46 PM   #1 (permalink)
Junior Member
 
Join Date: Nov 2006
Posts: 1
Laid off while on maternity leave

After 10 years of employment and a flawless record, I have been laid off while I am on maternity leave. I went out of work at 6 months pregnant due to back pain. In my last month of pregnancy, I got a call letting me know that the entire department was laid off and I was going to be when I returned from maternity leave. However as time has passed, this is not actually the case. There are 11 people who are staying to manage the department and one of the people staying is in my office performing my job duties but at a lower title (manager). I am still on maternity leave so I am not officially laid off until I "return" from maternity leave however I am told I will be. My personal items have all been packed up and my phone has been disconnected at the office. My HR department had also "miscalculated" my severance leaving me short 10 weeks that I was owed. I pressed them on several occasions to inform me how my severance was calculated and only when I demanded, did they concede that they made a mistake. I feel that my job is discriminating against me because I was out on maternity leave. Is there a rule that if you go out on disability that they have to have your job waiting for you upon return?

I live in California.
savannahpup is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 11-24-2006, 11:35 PM   #2 (permalink)
Senior Member
 
Join Date: Nov 2006
Posts: 463
Quote:
Originally Posted by savannahpup
After 10 years of employment and a flawless record, I have been laid off while I am on maternity leave. I went out of work at 6 months pregnant due to back pain. In my last month of pregnancy, I got a call letting me know that the entire department was laid off and I was going to be when I returned from maternity leave. However as time has passed, this is not actually the case. There are 11 people who are staying to manage the department and one of the people staying is in my office performing my job duties but at a lower title (manager). I am still on maternity leave so I am not officially laid off until I "return" from maternity leave however I am told I will be. My personal items have all been packed up and my phone has been disconnected at the office. My HR department had also "miscalculated" my severance leaving me short 10 weeks that I was owed. I pressed them on several occasions to inform me how my severance was calculated and only when I demanded, did they concede that they made a mistake. I feel that my job is discriminating against me because I was out on maternity leave. Is there a rule that if you go out on disability that they have to have your job waiting for you upon return?

I live in California.
The Family and Medical Leave Act allows up to 12 workweeks of leave in any 12 month period for eligible employers and eligible employees. If both your employer and you as an employee meet this definition, 29 CFR 825.214 is clear on what the returning employee is entitled to:

(a) On return from FMLA leave, an employee is entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An employee is entitled to such reinstatement even if the employee has been replaced or his or her position has been restructured to accommodate the employee's absence.
(b) If the employee is unable to perform an essential function of the position because of a physical or mental condition, including the continuation of a serious health condition, the employee has no right to restoration to another position under the FMLA. However, the employer's obligations may be governed by the Americans with Disabilities Act (ADA).

This is by no means a guarantee you'll get your job back, as you may have exceeded the timeframe. Also, if you live in an "at will" employer state, your employer can both hire and terminate employees at their own discretion. Ask for a written notification of your termination and then contact an attorney. (It's up to you whether or not you decide to wait for the actual letter to arrive before you talk to an attorney ..you may never see it.)
TheJury'sStillOut is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 04-17-2009, 09:02 AM   #3 (permalink)
Junior Member
 
Join Date: Apr 2009
Posts: 1
I apologize for reviving an old thread, but this is similar to my situation, but with a bit of a twist that I don't know if it applies like this.

I was on maternity leave during an announcement that our company would be laying off people. Comparable positions are still available for me. My return date is supposed to be this upcoming Monday, but I received word that I will be severed. The twist with my maternity leave is that I tacked on vacation to the end of it, so I guess technically I have been "back to work" for weeks now. Do I have a case to fight this?

Thanks in advance for any help and direction you may be able to give me.
m00nwater is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 04-18-2009, 06:16 AM   #4 (permalink)
Senior Member
 
Join Date: Nov 2006
Posts: 3,901
Quote:
Originally Posted by m00nwater View Post
I apologize for reviving an old thread, but this is similar to my situation, but with a bit of a twist that I don't know if it applies like this.

I was on maternity leave during an announcement that our company would be laying off people. Comparable positions are still available for me. My return date is supposed to be this upcoming Monday, but I received word that I will be severed. The twist with my maternity leave is that I tacked on vacation to the end of it, so I guess technically I have been "back to work" for weeks now. Do I have a case to fight this?

Thanks in advance for any help and direction you may be able to give me.

Many times in posting in old threads, your question isn't seen. You can always start a new thread.

The answer to your question depends on the state in which you reside.
__________________
[COLOR=magenta][COLOR=blue]G[/COLOR][COLOR=darkorchid]r[/COLOR][COLOR=darkslategray]a[/COLOR][COLOR=orange]c[/COLOR][COLOR=seagreen]e[/COLOR][/COLOR]

[COLOR=black]To [COLOR=blue]ERR [/COLOR]is human.[/COLOR]
To [COLOR=darkorchid]FORGIVE [/COLOR]is divine.
[FONT=Comic Sans MS][FONT=Times New Roman][COLOR=red]NEITHER[/COLOR] is my policy.[/FONT] [/FONT]
GentleGrace is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 06-24-2009, 01:11 PM   #5 (permalink)
Administrator
 
admin's Avatar
 
Join Date: Apr 2005
Posts: 339
Maternity Leave

This article may be informative: Maternity Leave Lawyers
admin is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 03:13 AM.


Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.