Legal Question in Medical Leave in Maryland

Maternity Leave

I just came back from maternity leave on March 1st. On March 17th my boss asked me to work part time (20hrs/wk). I can't afford to do this so he says I will be laid off. He says he can't afford to keep me at full time due to budget cuts. I have full time daycare set up and am happy with it. He says I should be able to get 3 weeks severance. I have talked with HR about getting 2 months severance. They are looking into this for me. This would all take effect April 1st. I am wondering how long an employer has to keep a job open for someone coming back from maternity leave. Is there a time limit?


Asked on 3/25/99, 2:30 pm

1 Answer from Attorneys
Dymond Steven Steven H. Dymond P.C.

Re: Maternity Leave

While I cannot express a legal opinion on th elimited information, you should be aware of some issues. Under FMLA, if you were covered and qualified, you are entitled to reinstatement to your job. If it was full time then you are entitled to full time work. If the "cut back" does not appear to be legitimate, you should indicate that you want you full time job back. You may have a claim under FMLA and the Preganancy Discrimination Act. Has the company treated employees returning from pregnancy in the same mannner? If so you may have a claim for discrimination. Do not settle without consulting an attorney. Make your protest to the company in writing. Contact the local Department of Labor for furhter help.

Dymond Steven

Steven H. Dymond P.C.

1444 Wazee Street, Suite 335


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Answered on 4/07/99, 12:49 pm


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