Can I lose my job at the small company I work for after taking maternity leave?
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Can I lose my job at the small company I work for after taking maternity leave?
I work for a small restaurant and am told that my job is not guaranteed after maternity leave. Will I be able to file for unemployment in this case.
Asked on October 21, 2010 under Employment Labor Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Generally, in order to collect unemploymentbenefits under state laws requires that you have been unemployed under no fault of your own. Many states require that employers keep their employees job open for a certain period of time (generally again between 6 and 8 weeks) after birth. Employers that qualify under the Family Medical Leave Act (50 employees or more) are required to keep jobs open - albeit unpaid - for 3 months. But after that time period ends (whichever her you fit in to) you have to make a choice: work or leave. If you leave unemployment will not be "through no fault of your own" under the law. Check with the Department of Labor in your area to be sure that some local law does not apply. Good luck.
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