What are my rights ifI was denied my job back after returning from maternity leave?

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What are my rights ifI was denied my job back after returning from maternity leave?

I worked at the job for 3 years and then went on maternity leave. I tried to go back to work 2 1/2 months later but  they would not give me my job back. This is a locally, privately owned store.

Asked on August 5, 2011 Indiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

FMLA may not cover your situation if the locally privately owned store is small in the number of employees. Check your state's statutes on pregnancy discrimination and anti-discrimination statutes. Usually in your situation you should be able to return to work because your absence was not lengthy (i.e., past three months) and not due to workers compensation. So clearly this is an issue involving your pregnancy. Before you hire an attorney, check with your state's labor department about it and see if the Equal Employment Opportunity Commission and the state's attorney general can chime in and help you. In the interim, start collecting unemployment. You do not want to lose out on that.


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