If you go on maternity leave from a full-time job, can they cut your hours when you come back?

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If you go on maternity leave from a full-time job, can they cut your hours when you come back?

I went on maternity leave from a full-time 40 hour a week job. Now that I’m back to work they won’t let me get but 15 hours a week.

Asked on October 29, 2018 under Employment Labor Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They may not cut your hours because you were pregnant or used maternity leave. They may cut them for valid unrelated reasons, such as if they have had a downturn in business and are reducing hours generally, or because some account(s) or project(s) you personally are on have been reduced or cut, reducing need for you (having taken maternity leave doesn't protect you from non-pregnancy, non-leave issues). If you believe the reduction is retaliation for having used leave or because you were pregnant, contact the EEOC to look into filing a complaint. Discriminating against women due to pregnancy, or retaliating against them for using approved or legally protected leave, is illegal.


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