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Maternity leave... can they decline my return?

I start my new job in a couple of weeks and my baby is due in 12 weeks. I plan on working all the way up until the day I deliver. Can they decline my return? Its a big company and they said I was allowed to take maternity leave but after talking to a few business people they said my job isnt required to hold my spot since I havent been there a year. Anyone else heard something similar to this or know how it works?

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Asked by campbellb3421 at 2:39 PM on Jun. 13, 2011 in Money & Work

Level 19 (6,790 Credits)
Answers (7)
  • Your best bet is to ask the company you work for because every company has different policies. Good Luck

    Answer by Soniam301 at 2:42 PM on Jun. 13, 2011

  • Talk to human resources.

    Answer by mompam at 2:43 PM on Jun. 13, 2011

  • Well, technically if it is FMLA that you are talking about you have to be working there for at least a year to qualify for the maternity leave. You can take up to 12 weeks (unpaid) leave with that. Definitely talk to you HR and make sure that you both 100% understand what you are expecting of each other. I had a lot of confusion when I went out on maternity. A lot of companies do make exceptions. I ended up taking 17 weeks maternity, and at that point I was not guaranteed my job back, but they did hold it for me after I spoke with them and explained why I needed more time.

    Answer by happymama2D at 3:02 PM on Jun. 13, 2011

  • I assume you are referring to FMLA. Yes, you have to have worked a full year before you are protected by that act.
    But some states have different requirements, though the one year is the national requirement.

    Answer by Candi1024 at 3:02 PM on Jun. 13, 2011

  • FMLA qualifications include having worked for the company for 1 year and that company having at least so many employees within a certain radius (75 employees in a 100 mile radius, or vice versa, not sure which). That will legally GUARANTEE that they have to hold your job. But different companies have different policies above and beyond the federal requirements, so your best bet is to talk to HR.

    Answer by DragonRiderMD at 3:08 PM on Jun. 13, 2011

  • i would check with human resources that way there is no confusion. congrats on your baby!!

    Answer by mkdirector2011 at 8:13 PM on Jun. 13, 2011

  • more than likely that's true, especially if you are stil in the 90 day probation time frame.

    Answer by lucky35 at 3:35 PM on Jun. 14, 2011

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