Legal Question in Medical Leave in California

Rights upon returning to work following maternity leave

I am currently on maternity leave. I requested 3 months before my leave to allow me to go from a 100% FTE position to an 80% FTE position. I was given a verbal ok at the time, but nothing in writing. They did authorize my leave in writing, but did not mention the request for change in status. Boss is now stating that she needs 100% FTE in my position and if I don't want it, they will not reinstate me. Do I have any recourse, or am I forced to work full time to ensure my position? Can they offer my position to the independent contractor I hired to replace me in my absence?


Asked on 9/21/06, 8:17 pm

1 Answer from Attorneys
Beth Mora Cooper & Mora, A Professional Corporation

Re: Rights upon returning to work following maternity leave

This is a good question. I would need to know a bit more about your situation to better answer your question as there are several laws and thus, standards which must be met to advise if you have any recourse.

However, with the right circumstances, you could argue that failure to provide the request accommodation (which was previously granted) is discriminatory and in retaliation for your medical condition and leave.

Please contact me if you wish to discuss further, as I feel I cannot fully address your concerns/situation without more information.

Sincerely, Beth Mora

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Answered on 9/27/06, 11:27 am


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