If I’m pregnant and out on leave, can my position be taken way from me if I don’t come back to work after my 12 week FMLA is up?

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If I’m pregnant and out on leave, can my position be taken way from me if I don’t come back to work after my 12 week FMLA is up?

I’m pregnant, and was put on bed rest by my OB back over 2 months ago. My employer had me fill out the FMLA forms and what not. Now my doctor clearly specified that I would unable to return to work for another 2 months. My job only gave my 12 weeks of leave which will be ending in about 2 weeks and my baby still has not been born. I talked to my employer and they told me that I was not guaranteed my position after my 12 weeks are up. Is this right?

Asked on November 7, 2012 under Employment Labor Law, Wisconsin

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Here is the issue. FMLA when offered and when an employee qualifies only guarantees an individual up to 12 weeks of unpaid leave.  After that, there are issues concerning the employer's ability to hold your job.  You need to check with your state's department of labor about any pregnancy anti-discrimination laws that would prevent your employer from firing you while you are out on maternity leave.


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