Is there any specific law that protects mothers returning to work after maternity leave that state that you will be garunteed your job that you had prior to leaving? Please help!
2007-01-17 10:30:36 · 12 answers · asked by jessie_angel14 2 in Business & Finance ➔ Careers & Employment
FMLA is what comes to mind.
When I was off for having my daughter, here's what happened. The first 6 weeks were covered under short-term disability. Per the doctor, and since I had a normal delivery, she would authorize me to return to work in 6 weeks. But according to FMLA, I could take up to 12 weeks total off. The 2nd 6 weeks would be for no pay then. My understanding is that they don't have to hold your actual job, but give you your actual job or an equivalent job (can't be less pay) when you return.
Some companies make you take all your vacation and sick time before you can go for FMLA though.
For me, I was actually laid off while on maternity leave. I looked into the law when it happened (even though I hated the company). There is a loophole that if you are in the top earners of the company (I was an engineer and they had many, many operators in Thailand making diddly squat to what I was making), it was legal. I think that number was the top 10%. Anyway, the law also said that their "punishment" may be that they have to give me my job back...and I didn't want it back, so I didn't pursue it.
2007-01-17 11:28:00 · answer #1 · answered by CG 6 · 0⤊ 0⤋
FMLA (Family Medical Leave Act) requires a company to give you 12 weeks of UNPAID leave without having to worry about losing your job. However, most companies have a maternity leave policy for employees. My company does 6 weeks...8 weeks if your baby has to born by c-section. I think that is because after a baby is born the mother is considered to be under the care of a doctor for 6 weeks.
2016-05-24 01:25:16 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Maternity Leave of Absense (MLOA) is what you are referring to. The Family and Medical Leave Act, the Americans with disabilities Act, and Title VII of the Civil Rights Act of 1964.
Under the FMLA, an "eligible" an employee may take up to 12 workweeks of leave during any 12-month period for one or more of the following reasons:
(1) The birth of a child, and to care for the newborn child;
(2) The placement of a child with the employee through adoption or foster care, and to care for the child;
(3) To care for the employee's spouse, son, daughter, or parent with a serious health condition; and
(4) Because a serious health condition makes the employee unable to perform one or more of the essential functions of his or her job.
For more information see the links. Good luck.
2007-01-25 08:16:36 · answer #3 · answered by momo 3 · 0⤊ 0⤋
Family and Medical Leave Act of 1993
2007-01-17 10:35:30 · answer #4 · answered by Danny 3 · 0⤊ 0⤋
Check the "Family and Medical Leave Act". It provides protection for employees when there is an illness or pregnancy in the family. This is a federal law.
2007-01-17 10:39:23 · answer #5 · answered by Lisa B 2 · 0⤊ 0⤋
Yep. There are laws in place that protect working parents under the Family and Medical Leave Act (FMLA).
2007-01-17 10:35:48 · answer #6 · answered by G 6 · 0⤊ 0⤋
Check the link. Its the Family and Medical Leave Act of 1993. You can thank Bill Clinton for this one.
2007-01-17 10:35:41 · answer #7 · answered by Daniel 2 · 0⤊ 0⤋
If you've worked for the company more than 1 year you would qualify for fmla - if the company has more than 25 employees.
If your company has an hr department, go to them with specific questions. If they don't have an hr department or there are other issues surrounding your leave, I recommend contacting your states labor department.
2007-01-17 10:35:51 · answer #8 · answered by siren381 2 · 0⤊ 0⤋
yes but i believe they only have to hold your position for up to 12 weeks you may want to look into your jobs rules...
2007-01-17 10:34:31 · answer #9 · answered by Anonymous · 0⤊ 0⤋
yes, your old job back or something similar
2007-01-17 10:33:38 · answer #10 · answered by ? 7 · 0⤊ 0⤋