Laid Off While on Maternity Leave

[Nicolzmom]

Just as I was about to return to work from my maternity leave I was advised that I had been laid off. I was told that it was due to a reorganization within the company and was nothing having to do with my performance. I was under the impression that since I was on maternity leave my position was "protected". I thought that legally they had to retain my position or an equivalent job. I was an Associate Director of a Financial Aid Office. Any insight would be helpful. Thanks!

 

[Attorney_Replogle]

You are correct about your idea of the Family Medical Leave Act and its state versions. However, to my knowledge there is an exception to that rule and it is what you stated. In other words a business retains the right to make reasonable business decisions including reorganizing. If in that reorganization your position and its equivalent were eliminated, then I think that the business is protected from any claim of illegal discrimination. However, you should consult with an employment law attorney near you to get the latest and best scoop. You can find one at attorneypages

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Mark B. Replogle