Notified of layoff while out on maternity leave

FMLA Question:

I gave birth on Dec 27th, 2008 and was notified on Feb 23rd, 2009 that my role had been eliminated. They don't plan on severing ties until March 30th 2009, which is 1 week after my scheduled return.

Has the company complied with FMLA regulations?

Thanks,

Grace

1 answer  |  asked Feb 28, 2009 10:49 AM [EST]  |  applies to New York

Answers (1)

David M. Lira
Laid Off While on FMLA Leave

The Family and Medical Leave Act ("FMLA") was designed to give employees unpaid leave of up to 12 weeks in order to deal with an illness or for the birth or adoption of a child. While you are out on FMLA leave, the employer is supposed to hold your position open, so that you can return to it.

However, FMLA is not a job protection act. You don't get any extra rights under FMLA. If you would have been fired if you had not taken FMLA leave, you can be fired even while on FMLA leave.

The current ecomonic environment offers a lot of examples. If the employer closes your office, firing everyone, your employer can terminate you, even though you are on FMLA leave.

posted by David M. Lira  |  Mar 3, 2009 1:12 PM [EST]

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