What are my rights regarding maternity leave?

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What are my rights regarding maternity leave?

I lam a W2 conteractor working for a pharma company. I am pregnant and due in about 3 months. My agency gives me a 12 week FMLA maternity (unpaid). I will try and apply for short term disability but I was just told the company that contracts me told the agency that they will be relpacing me; when I am ready to return to work they might think of re-hiring me if they need the extra help. Otherwise, no. Can I claim unemployment? What do I do in a situation like this? Do I file after my maternity leave or before?

Asked on November 27, 2012 under Employment Labor Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unlless you are an employee of the company that you are working with as opposed to an independent contractor, then if you are an independent contractor the person or entity thst you are working for does not have to have a position available for you upon your ability to return to work post maternity.

The company that contracts with you is not your employer. I suggest that you speak with the human resources department where you are an independent contractor to see what your options are. From what you have written, it appears that you are an indpendent contractor and not an employee. You can make a claim for unemployment benefits and see what the result is.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Sounds like you are being discriminated against but what concerns me is you are being called a W2 contractor...there is no such thing. You are either an employee or you are an independent 1099 contractor.  The employer cannot have its cake and eat it, too. You need to get a lawyer immediately to help determine what your true classification is and if based on review of your specific matter, you really are a W2 EMPLOYEE, you need to have your lawyer inform this employer it must allow your 12 week FMLA leave, you can have short term disability simulatenously and you cannot be fired.


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