Can my employer give away my job after I have been on maternity and medical leave?

I had a baby in may by c-section. When doing this they discoverd that I had ovarian cancer. I had to have surgery but couldn't until I was completly healed from the c-section. I was told by my boss that I wouldn't have to worry about my job, that it would be there for me when I got back. I am now back but have found out that the lady they hired to replace me while I was gone has been hired on premenetly. I have been told one thing about the hours and the days I would be working while the rest of the staff has been told another. I basically feel (and some of the other staff I talked to agree) that I am being forced out. Is this leagal. I was gone for 5 months not by choice but because I had to be for my health. Can they give away my job after telling me the whole time that it would be there for me when I got back?

Can my employer give away my job after I have been on maternity and medical leave?
You are protected against this type of treatment under the Americans with Disabilities Act (ADA). I'm sure you don't consider yourself "disabled", but the ADA does protect your rights to keep your job. For detailed information regarding your rights go to U.S. Department of Labor web site. (www.dol.gov)
Reply:i dont think that is right. i think you have a right to your job. tell them you are contacting a lawyer and see what they do.
Reply:no not if he said you are on matrnity leave
Reply:Your employer is required to post a poster explaining the Family and Medical Leave Act. If he/she has not they are in violation. Check out this law and see, then sue them for as much as you possibly can.
Reply:The US Supreme Court ruled years ago that "employers must make available either the same job,or one that is in the same field and same pay as the employee had before she went on maternity leave..."(paraphrasing)
Reply:You are protected by law and can't get fired, but you could be re-assigned to different role. Contact your HR rep immediately to get all the facts.





I was out 3 months on maternity and my role changed, but I didn't lose my job.
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Reply:no, this is discrimination and you need to talk to someone.
Reply:I believe they have to offer you a comparable position with comparable pay to the one you had when you went on leave. However, it doesn't have to be the same job so unfortunatley they can make it unpleasant for you. It's kind of a shitty legal loophole.
Reply:In most states, NO, however if you abuse you allotted maternity leave they could, after notifying you
Reply:They can't fire you, but they can reduce hours and such in an effort to get you to quit.


Apparently they feel that the new girl is more efficient, and they are most likely paying her less.


If you really like the job the best you can do is take it, and try to prove that she is no more efficient and less experienced than you are.
Reply:that falls under the fmla act all they can do is give you a job with the same company at the same pay but it dose not have to be the same position how ever i would see a lawyer

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