Is it possible to go on maternity leave and then be fired before you return?

UPDATED: Aug 5, 2012

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Is it possible to go on maternity leave and then be fired before you return?

When I was ready to return my supervisor kept telling me she would put me on the schedule and never did. She gave me the run arounds for weeks and finally said she have to check with her boss before I can go on the schedule because there was something I was suppose to sign prior to my maternity leave. When I went on maternity leave I submitted to her a copy of my Dr. statement and specifically asked if there was anything I needed to do or sign she told me “no, that’s all”. When I brought this to her attention she said “Oh well, I didn’t know you were suppose to sign something”.

Asked on August 5, 2012 under Employment Labor Law, Iowa


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country, if an employee goes on maternity leave, the employer is required to hold open the employee's position for return. The only exception is when the employer faces severe financial constraints requiring lay offs. I suggest that you consult with a labor attorney about your situation as well as a representative with your local department of labor.

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 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.

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