What legal recourse do I have if I’m trying to return to my job after 8 weeks of maternity leave?
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What legal recourse do I have if I’m trying to return to my job after 8 weeks of maternity leave?
I was full-time up until the delivery of my son. Now I am being told there are no hours available for me.
Asked on October 7, 2015 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Was your company covered by FMLA Family and Medical Leave Act Leave, were you eligible for it, and if so, did you use it? If you did, they have to take you back not necessariy in an identical position, but at least an equivalent one or else they are violating the law if so, you could sue them and/or bring a complaint to the department of labor.
If you did not use FMLA leave, did you get anything in writing before leaving that the job would be held? If so, that may constitute a contract and you may be able to enforce it. Bring it to an attorney to review.
But if you had nothing in writing and did not use FMLA leave, then if it was simply that the company said something to the effect of "they'd try" to reinstate you, or didn't even make that much of a promise, they do not have to give you your job back.
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