Legal Question in Employment Law in Michigan

Maternity leave requirements

My employer does not qualify under the Family Leave Act, since we have fewer than 50 employees. Are they still required to hold a position for me upon return from my leave? They are telling me that taking maternity leave is my resignation.


Asked on 9/08/01, 2:42 pm

1 Answer from Attorneys

Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Re: Maternity leave requirements

Michigan law does not require an employer to provide maternity leave or to guarantee reemployment to an employee who takes a leave of absence for maternity purposes.

Other considerations are necessary, however, to determine whether other laws might require the employer to provide leave. You should review any employee manuals or written policies concerning unpaid time off or other leave which your employer provides, such as personal days, sick leave, and vacations. Maternity might constitute a basis for leave, depending upon how the policies are written.

Also, if the employer has allowed other employees to take extended leaves of absence for other medical conditions, then a refusal to allow leave for maternity purposes might constitute a violation of State and/or Federal civil rights laws.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response.

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Answered on 10/25/01, 6:02 pm


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