Is alright for my employer to make me stay on maternity although I am ready to go back to work?

I work for a small organization that does not have to comply with fmla. I have been working for the organization for over 2 years. And once I found I was pregnant, my employer granted me an unpaid maternity leave. He signed a letter stating that I would be on Maternity leave for 6-12 weeks. I have been ready to return to work for two weeks now, but when I spoke to my employer he informed that he did not have the funds needed for me to return. He assured me that he was working on it and he would get back to me. I think if he cannot afford to pay me than he needs to lay me off. I don't know what to do, my maternity leave is over in about two weeks and he is dragging it.

1 answer  |  asked Dec 3, 2012 8:50 PM [EST]  |  applies to Pennsylvania

Answers (1)

Andrew Abramson
As a female who was pregnant, your employer has to treat you the same as any other employee. If other similarly situated employees who were not pregnant, did not take an unpaid leave or are males are being permitted to continue to work, then the employer may be discriminating against you based upon your sex. As to not permitting you to come back to work and not laying you off, if you are able to physically work and there is no job for you, then you may be able to file for unemployment compensation benefits as long as you have worked a sufficient amount of time in the past. Feel free to contact our firm directly if have any further questions.
Andrew S. Abramson, Esq
Abramson Employment Law, LLC
790 Penllyn Blue Bell Pike
Suite 205
Blue Bell, PA 19422
telephone: 267-470-4742
telecopy: 267-470-4754

posted by Andrew Abramson  |  Dec 4, 2012 07:12 AM [EST]

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