I work for one of the largest banking corps in the country and have been there for almost 3 years. One month before my due date my doctor advised me to take off of work due to complications and I received short term disability for the time. I have been on maternity leave for 2 and 3/4 months and am returning to work next week but have been told that my position is already filled. My problem is that they posted my position as available and began interviewing people for it just one month after my baby was born so two months after I began my leave (including STD). Is that legal for them to do? I was under the impression that my job would be protected for 12 weeks. I had conversations with my manager and he finally told me about 10-11 weeks after my leave began that my position had already been filled. I have no job to return to now. Any information or help would be greatly appreciated. Thank you for your time

Sincerely,
Tabbie

If FMLA applies, and from what you've posted it most likely does, you have to be returned either to your own job or one that is equivalent in all respects as long as you return within 12 weeks.

That doesn't mean they can't hire someone temporarily to fill your job in your absence. They don't have to leave your duties unfulfilled for three months.

Have they told you that you have NO job, that there is no place for you at all?

Thank you for the quick response.

They have told me that my old job is not available to me anymore and lied to me and told me that it had been filled. As of today it is still open. They told me they filled it and I couldn't return to it approximately 1 month and 1 week ago and at that time I had only been on leave for 10-11 weeks. As of now my time on leave will be 15-16 weeks before I return to work. I have been searching for positions similar to the one I held and had found one but I was declined and not allowed an interview because the disctrict manager told me that he talked to my old managers and was told that I was unsure about returning in that role which I never said. The only position they offered me was a part time position with requirements that I could not fill (required speaking spanish) which also offered me a demotion from a managerial role to a customer service rep.

That's just it. Once the 12 weeks had been exhausted, the employer doesn't have to return you to any job. The job protection lasts for 12 weeks only.