I was wondering you you still keep your same position in a job if you leave and come back from maternity leave?
I am the manager of a botique and if I leave for maturnity am I by law still entitled to keep my position when I come back.
I live in California.
2007-12-27 06:15:21 · 10 answers · asked by liana k 2 in Pregnancy & Parenting ➔ Pregnancy
By law, most jobs are required to hold your position for a certain amount of time; however, smaller companies may be exempt from holding them for extended periods of time. You need to be clear with what the labor laws are in your area, ask your manager or HR person. How long of a leave are you taking? 6 wks or the full 3 months? After so long, most companies only have to make sure they offer you a position back in the company; however, it does not have to be the same position. The differences will be the size of the place that you work for, usually less than 50 employees are held to different standards.
Find out the facts before you are on leave, make your intentions very clear, in fact, in writing is usually suggested. Make sure you copy your manager and keep a copy for yourself. Also, ask for their policy in writing. If you do have a problem, you will have backup to what they told you before you left- do not count on conversations! If they have a problem with putting it in writing, let them know you just need to have it for your information and that way you will not have to guess at the policy.
Tie up all these loose ends now, you don't want to be worrying about these things while you are out. Also, after you have the baby, check in with your work, confirm - again- your anticipated return date. I highly recommend seeing if they will allow one or two 1/2 days before you go back in full time. You may be ready to go back, but the transistion can be a little tougher than you think! (emotionally!)
Congrats! Best wishes for a safe delivery and a healthy baby!
2007-12-27 06:34:18 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I thought the law was that they simply had to find "like" work, meaning something equivalent, whatever that means.
However, I'm a man, and you're not; women get special priveledges under the law, especially when it comes to childbirth, so who knows, this being California, maybe you get to own the company when you get back.
I find it all ridiculous, to be honest.
If a person's job is important, then how is it that you can just drop out of that job, "just anybody" apparently can fill the position, then you get to come back, as if nothing happened.
I guess I'm cynical, because:
a. I'm a man.
b. I've had to "take up the slack" countless times at jobs for women who drop out of work for countless reasons (this being one of them), and get no extra pay, or thanks, or promotions, because of these legal rights that women have over men. It's supremely irritating.
2007-12-27 06:25:29 · answer #2 · answered by dork 7 · 0⤊ 1⤋
You need to look into the Family Medical Leave Act (FMLA) to see if you're covered: http://www.dol.gov/esa/whd/fmla/
Not every job qualifies (for example very small companies). Make sure that if you are covered you follow the correct protocol for informing your employer you are taking time off (in writing, at least 30 days before the intended start of your leave). If you are covered under FMLA you may not get your exact job back but you have to get a job back at the same level and rate of pay as the job that you vacated.
2007-12-27 06:24:33 · answer #3 · answered by Heather Y 7 · 1⤊ 0⤋
It depends on if you are covered by FMLA. Some people wrongly believe that everyone is covered, but the Government stipulates that the company has to have a minimum of 25 employees, and you have to be at your job for at least 12 months. If you meet those criteria they have to hold your job or an equivalent (Same pay)
2007-12-27 06:23:00 · answer #4 · answered by Ryan's mom 7 · 1⤊ 0⤋
You get to keep your position. In general, the company will hire a temp while you're away.
Just to be safe - make sure you discuss with your boss that you will be coming back and even offer to train your TEMPORARY replacement before you leave.
2007-12-27 06:24:53 · answer #5 · answered by Polka-Dot-Terror 1 · 1⤊ 0⤋
Yes you are entitled to your job when you come back. But you should let your supervisor know how long you will be gone for and make sure it's not a problem.
2007-12-27 06:20:08 · answer #6 · answered by Anonymous · 1⤊ 1⤋
I would contact your supervisor. In most cases, when you return, you are still the manager. The assistance manager will simply fill in for you while you are gone. No big deal. Congrats on your baby!
2007-12-27 06:17:34 · answer #7 · answered by Anonymous · 2⤊ 1⤋
no u can not apply for leave, as a govt employee u can apply for 60 days maternity leave.
2016-05-27 03:58:27 · answer #8 · answered by ? 3 · 0⤊ 0⤋
The have to keep your job open for when you go back to work they can't replace you or demote you!
2007-12-27 06:20:38 · answer #9 · answered by My life is now complete PWK&RJC! 5 · 1⤊ 1⤋
They will have to hold your position or reinstate you to a similar position. You CANNOT be demoted.
2007-12-27 06:17:32 · answer #10 · answered by A.G. 4 · 3⤊ 1⤋