Is my employer required to hold my job while I am on maternity leave?

I am currently on maternity leave. I have 3 1/2 more weeks left for my maternity leave. I found out my employer posted part of my job online. I work at 2 different nursing homes run by the same owners as a dietitian. My employer posted a job for one of the buildings I work at. Do they have a right to post part of my job? Under FMLA, is my employer required to provide an equivalent job to what I was doing before I went on leave and the same pay? Please let me know. I appreciate your help.


2 answers  |  asked Apr 21, 2010 2:58 PM [EST]  |  applies to Ohio

Answers (2)

Neil Rubin
Dear Amanda,

Your question triggers lots of follow-up questions which are too burdensome for email communication:

1) Are you eligible for FMLA?
2) Did you apply correctly and give adequate notice?
3) Is this really an FMLA issue or just your employer's pregnancy-leave policy?

and others.

Since you live in Hamilton County I recommend you visit to find a local attorney to answer more completely.

posted by Neil Rubin  |  Apr 22, 2010 06:37 AM [EST]
Bruce Elfvin
There are several laws which apply and will affect any rights that you have to return. First, provided your employer has 15 or more employees, you have the absolute right to return from a short term disability due to maternity under Title VII of the Civil Rights Act. If your maternity "leave" extends beyond the period of disability, then you will have to rely upon your rights under the FMLA and I assume that you and the employer meet the requirements to get FMLA. Under FMLa you have 12 weeks of leave to use, including for the care of your baby and return to the same or an equivalent position. Once beyond the 12 weeks you will have other issues. Under Ohio law the OCRC has been changing its rules on maternity so you may want to call the OCRC's nearest office.

posted by Bruce Elfvin  |  Apr 22, 2010 06:20 AM [EST]

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