Legal Question in Medical Leave in California

Returning to work from maternity leave

I am in sales. Prioir to going on maternity leave I was assigned to the area around my home for 2 years. After 4 mo. off on maternityleave the company is offering me a position that is 1+ hrs away from my home, this will make it nearly impossible to be near my baby.

Q. Is the company required to offer me my job back in the area which I was working prior to maternity leave, and can I use family leave act until they are able to place me back in the original area?


Asked on 8/16/01, 12:12 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Returning to work from maternity leave

The employer will have to have a very good reason for not being able to keep your old position available. If a business hardship can be shown, they should have found a similar position to the one you had. If you meet all the other qualifications, you may be able to extend your leave, under family leave, for 12 more weeks. But the company does not have to pay you, and things may not change.

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Answered on 8/22/01, 12:51 pm


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