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It depends. If you notified your employer that you were taking maternity leave - were paid all during your maternity leave - and then laid off when you reported back for work ready to resume your job - you probably can be. The law doesn't guarantee that you will be given a job, only that you may resume your old position. If, while you were on maternity leave, your position was eliminated or the company downsized your former position may have been eliminated. If you can prove that you were laid off SOLELY BECAUSE OF your maternity leave, then you might be able to challenge it. A lot depends on your employment agreement or union contract and your state's labor laws.
Some states have their own policies. Like California, New York, and a few others have paid family leave programs. So, it really depends on where you're at. Maternity leave in the US can be a bit tricky. There's actually no federal law guaranteeing paid maternity leave. But don't worry, there's the Family and Medical Leave Act (FMLA) that can be a lifesaver. If you're lucky, your employer might offer paid maternity leave as part of their benefits package. But, again, it varies. So, my advice? Talk to your HR folks, read up on your company's policies, and see what's available to you. Good luck mamma🤗👶🍼
In Canada the Employer can give your position to someone else for the time you are away, but must give you that position back when you return. However, if you are on and off Worker's Compensation then your Employer has a right to give you another position which you can handle with the condition you have. An Employer cannot fire an Employee that is on Workers Compensation.
Depending on where you live, an employer is obligated to give one 12 weeks of Family Medical Leave Act (FMLA) time off; however, whether the employer pays one is up to the individual company. In most cases NOT. Usually one applies for unemployment benefits during the six-twelve weeks off.
Yes, but only for maternity leave. she will return.
The Employer would tell them a time & if they did not return the item's, The law would get involved.
A reapplication letter should address the reasons you wish to return to your previous employer and the reasons they should re-hire you.
Regulations do change (check with current laws), however; normally the employee returns with NO LOSS to his pay, seniority status, retirement package, or other benefits.
As far as I know, when you are on disability your are to return to your employer with either the same or similar position. They can give away your position, but you are allowed back onto the job with a similar or same position. For example, you stock shelves in a store in Dept A. making $$ an hour. You go on disability and they put another person in your spot. When you return to work after being on disability your employer is obligated to have you stock shelves as before at $$ per hour, but it may be in a Dept B. I hope that makes sense. I would fill out the FMLA form because that protects you.
In general, if the insurance was in force at the time of the pregnancy, the coverage will apply according to its terms. If the employee qualifies for the Family Medical Leave Act (FMLA) benefits, and decides not to return to work, the employee and the employee are generally allowed to agree to terms by which the employee can reimburse the employee for the cost of insurance that remains in force during the FMLA coverage period.
It depends on the specific circumstances and applicable laws. In some cases, such as when an employee takes a leave of absence for medical or family reasons, the employer may be required to hold the job open. However, if an employee voluntarily resigns, the employer generally has no obligation to keep the job open.
It is on a break due to Emily Deschanel's maternity leave. It is scheduled to return from hiatus on April 5