maternity leave question

[waters1773]

My sister, Kim, is employed in the deli at a Wal-Mart in Oklahoma. During the seventh month of her pregnancy (July), she was put on disability leave. She had her baby in August and has been on maternity leave since. Prior to her leave, she worked the day shift.

This past week, Kim spoke to her boss, who said Kim will be scheduled to work during the evening hours when she returns to work.

Kim says the law requires Wal-Mart to give her the same job back, including the same hours. My husband says Wal-Mart only has to give her a comparable job (in terms of pay and position) in the company. So who's right? And does Wal-Mart have any special internal regulations governing an employee's return from leave?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Next time, don't mention names. You can open yourself up to liability. As to internal regulations of a company, they all must comply with federal and state standards.

To answer your question, you need to check
out www.eeoc.gov and your state labor code.
http://oklegal.onenet.net/statutes.basic.html