This may be more of a question about job testing than anything. I work for a large hospital system as an RN & I went out for pregnancy complications & had a leave approved for the time I was taking off prior to my leaving. This leave is w/ in the hospital policy as the maximum amt of time that can be taken (about 6 mths). This leave was already approved as I mentioned & b/c I had not been there a year so I know I am not under FMLA. My concern is that I am being treated differently than other employees returning from leave. I was scheduled to return to work but it is being denied because I decided to get some retraining (on my own time over an above anything that is required). When I was job shadowing some other RNs weeks prior to my return...one of them wrote a letter to the nurse manager stating that I asked questions that I should "know." I wasn't given a copy of the letter or told the questions I asked except one that I am sure I never asked. Anyway, I was taken off shift until I can pass a round of tests they give me. I may be terminated if I don't pass their "tests." Again this happened b/c I was trying to get back up to speed on my own time (unpaid) and based off another employee's comments. I feel I am being treated differently than other employees coming off leave being tested and given a one-day notice that I can't come onto my shift. They are testing me w/out pay and having me come to meetings w/out paying me too. Are these practices legal or rather can they be viewed as discriminatory since others haven't been treated the same?

I'm not sure that this present a prima facie case of discrimination based on your maternity leave. Employees returning from other forms of leave may not have been tested, but those employees may not have been involved in job shadowing wherein their performance raised a red flag. It would seem that it's the question you asked/didn't know that have caused this, not the fact that you were out on maternity leave.

If your leave was not covered by FMLA, they have no legal requirement to return you to your job (unless you are covered by a union contract that states otherwise0.