Can you lose your job after maternity leave?

You’re entitled to return to the same job after maternity leave if you’ve been away 26 weeks or less. Your pay and conditions must be the same as or better than if you hadn’t gone on maternity leave. It’s unfair dismissal and maternity discrimination if your employer says you can’t return to the same job.

How long is your job protected after maternity leave?

In California, moms are able to take up to 12 job-protected weeks of leave after the birth or adoption of a baby.

When do you tell your employer you are not returning after maternity leave?

You are under no legal obligation to tell your boss whether or not you are coming back after the baby. In fact, unless there is a wildly different standard in your industry, you’re just expected to give two weeks notice before terminating.

What are my rights when returning to work after maternity leave?

The right to return to an altered schedule of intermittent or part-time work. According to the EEOC, any women returning from maternity leave must be treated the same as other workers allowed leave for a temporary disability. In addition, workers must be allowed to work as long as she can perform her job before she takes maternity leave.

Can an employer force a pregnant employee to take maternity leave?

In addition, workers must be allowed to work as long as she can perform her job before she takes maternity leave. In other words, an employer may not force a worker to leave work because she is pregnant nor can it force her to take less pay or discriminate in other ways regarding her pregnancy or opportunity to take maternity leave.

What is maternity leave and how does it work?

Maternity leave refers to the period of time when a mother stops working following the birth of a child. When an employee is expecting, the employer can expect to receive time off requests. Maternity leave can start before the child is born if the mother requests it or has complications in her pregnancy; or it can begin after birth.

Can my employer refuse to hire me back after a leave of absence?

If your leave of absence was protected under FMLA but your employer refuses to hire you back, you may be able to exercise your legal rights and force your employer to take you back or to at least compensate you for the violation.