What to do if I was on maternity leave and on my first night back at my part-time employer, I found out I was no longer on the schedule and my regular shifts had been filled?

No one ever contacted me to tell me I was no longer on the schedule. I even spoke to my supervisor a week prior to going back. We discussed when my first shift back would be. She made no mention of the schedule change. I’m wondering if I am able to sue my employer?

Asked on January 23, 2013 under Employment Labor Law, Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Under the laws of all states in this country you are entitled to your position back from your employer upon returning from maternity leave so long as your employer is not forced to make cut backs due to financial considerations in the operation of the business.

From what you have written, you should consult with a labor law attorney and/or a representative with your local department of labor as to what your legal recourse is if you do not get your work shifts. I suggest you first consult with your supervisor and/or human resources department to try and resolve the problem.

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