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Can my employer refuse to give me my job back when my maternity leave is over? 

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I have been working for a hotel since April 2009. When they hired me they new I was pregnant and going to have a scheduled C-section in Aug and going to take my 3 month leave. I recently called my manager to get my schedule and she told me the owners were not going to hire me back because they were slow. They hired someone to work for me while I was on leave. Is it legal for then not to give me my job back when I am done with my leave? What can i do about it?

Asked 11/13/2009 under Employment and Labor | 297 View(s) | More Legal Topics

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Employment and Labor Law Answers

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney Answered 2 years ago | Contributor

Two statutes provide an employee with the right to take leave under certain circumstances and to return to employment following that leave.  They are the Wisconsin Family and Medical Leave Act (WFMLA) and the federal Family and Medical Leave Act (FMLA).  They allow an eligible employee to take unpaid leave:

  • to care for an infant or an adopted child.
  • to care for a family member with a serious health condition.
  • to seek treatment for the employee's serious health condition.

The employee has the right to continued group insurance coverage during the leave and the right to be reinstated in the same job, or an equivalent job, with no loss of pay or benefits.

Whether or not either law applies to you it's hard to say without more information.  I'm providing a a link to a site that will explain further:  http://www.uwsa.edu/gc-off/deskbook/fmla.htm

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