Does my employer have to hold my job when out on Maternity Leave?

Due to complications during pregnancy I was put out of work by my doctor 6 weeks before my actual delivery. I delievered by C-Section, and therefore am entitled to 8 weeks disability after delivery. I also took the Family Leave for an additional 6 weeks paid time off, for a total of 20 weeks. I live in New Jersey and my employer has more than 50 employees, but only 2 within my department. By law, does my employer have to hold my job for me or offer me a similar position within the company? I worked full time. Can they cut my hours and/or benefits?

2 answers  |  asked Feb 2, 2011 05:47 AM [EST]  |  applies to New Jersey

Answers (2)

Doris Dabrowski
The Pregnancy Discrimination Act requires employers to treat disabilities due to pregnancy, childbirth or related conditions at least as beneficially as disabilities due to other medical conditions. If you are treated worse than employees with other medical conditions, you should consult an attorney about possible employment discrimination as well as your FMLA concerns.

posted by Doris Dabrowski  |  Feb 3, 2011 09:27 AM [EST]
Natalia Shishkin
It is hard to tell without knowing all the facts. Nonetheless, if you are eligible for both the FMLA and NJ Family Leave Act, you may have up to 24 weeks of protected leave, if you had a serious health condition/pregnancy-related complications while you were expecting and then took maternity leave after your baby was born. To get specific legal advice please contact an attorney within your jurisdiction.
Good luck!

Natalia Shishkin, Esq.

I am licensed to practice law in NJ and NY and specialize in employment law. My response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question.

posted by Natalia Shishkin  |  Feb 3, 2011 08:29 AM [EST]

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