Legal Question in Medical Leave in Maryland

Re: rights at work upon returning from leave

Congratulations on the birth of your child.

The employer may take the action it is taking if the business needs are legitimate and they would have done the same even if you did not take leave.

For example, if there would have been a layoff, they could still have included you even if you were on leave.

But they may not take action against you just because you were on leave, or use the leave as an excuse when no other legitimate business reason exists, or otherwise "retaliate" against you for taking the leave.

If you feel you are being illegally discriminated against, you can call the US DOL and ask for assistance with an FMLA issue.

From the few facts you have given, though, it sounds like your employer may have the right to do what it is doing. Although, it might be hard to justify a shift change because that has the same costs for the employer (pay and benefits) - so you might have an argument that you really are entitled to job restoration. Part-time work, on the other hand, does save them money so seems more legitimate although not a good situation for you.

You might try to negotiate. Indicate that you are willing to compromise, but that you also have rights under the FMLA. Perhaps there is another shift which works for both of you.

Last, there is no hard and fast rule on how long after return you are entitled to protection. It depends on the facts of each case, most importantly the business situation at the time and the length of time since you returned.

If you feel the need to hire an attorney to negotiate with your employer, please call for a free consultation to review the case.

Good luck with the baby and the job!

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.