If a employee takes off work to have a baby and the company does not pay for maturity leave, does the company legally have to hire her back?

Asked on September 8, 2011 under Employment Labor Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

IF the employee used FMLA leave--assuming that she and the company are both covered by it (see below) and the employee returns by the end of or before the end of the time she'd get for FMLA leave, then yes. Or if she had and used enough paid time off (sick, vacation, personal, etc.) days to cover her leave. Or if there was some agreement to let her return--in any of these three cases, she would have be allowed to return. Otherwise, no.

Only companies with at least 50 employees within a 75 mile radius are covered by the Family and Medical Leave Act. And the employee must also meet certain criteria for minimum hours worked.


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