Can I lose my job at the small company I work for after taking maternity leave?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I lose my job at the small company I work for after taking maternity leave?

I work for a small restaurant and am told that my job is not guaranteed after maternity leave. Will I be able to file for unemployment in this case.

Asked on October 21, 2010 under Employment Labor Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally, in order to collect unemploymentbenefits under state laws requires that you have been unemployed under no fault of your own.  Many states require that employers keep their employees job open for a certain period of time (generally again between 6 and 8 weeks) after birth.  Employers that qualify under the Family Medical Leave Act (50 employees or more) are required to keep jobs open - albeit unpaid - for 3 months.  But after that time period ends (whichever her you fit in to) you have to make a choice: work or leave.  If you leave unemployment will not be "through no fault of your own" under the law.  Check with the Department of Labor in your area to be sure that some local law does not apply.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption