My company has less than 50 employees so they are not covered by the FMLA but our payroll is outsourced and my employer of record (on W-2’s and all) does have more than 50 employees.

Now an employee in a different department took 4 months off total and got her job back.

When I was 3 mo pregnant I asked about working part time after I have a baby and continued asking until I went on maternity leave with no definite answer and last they told me ‘we’ll work something out’. That made me believe that it’s a yes and made me think positively.
When my baby was 4 weeks I got a call saying that I need to come back in two weeks and full time. I had no babysitter for full time and asked for extra time off in order to find one. Well it hasn’t been easy since most good places are booked and have waiting list. Then my boss said that I can take time off but they don’t guarantee my job back.

Now without saying anything they are giving my job to someone else. She called to tell me that they would like my last day to be on such and such and invited me to come over. I left her a message that I would like to come by. She then called back and left a message saying that she had already decided to give the position to someone else and that if I would like they can put that ‘I resigned’ instead of termination in order to get a good reference.

Can they do this?

FYI - I have deleted your duplicate posting. All the responders read all the employment law forums - there's no need to post the same question more than once as it just gets confusing for those trying to respond. Thanks.

How long in total were you out?

1 month before my due date per my doctor's request and 3 months after. My baby is now 3 months

If your employer doesn't have 50 or more employees within a 75 mile radius of your work location, fed. FMLA & Ca. FMLA (CFRA) do not apply.

Pregnancy Disability Leave-(under Fair Employment & Housing Act)
An employer must provide up to four months disability leave for a woman who is **disabled** due to pregnancy, childbirth, or a related medical condition. (subject to med. cert.) However, if an employer provides more than four months of leave for other types of temporary disabilities, the same leave must be made available to women who are disabled due to pregnancy, childbirth, or a related medical condition.
Eligibility for pregnancy leave-
A woman who works for a covered employer is eligible for pregnancy disability leave regardless of the length of time she has worked for the employer. Further, an employee does not have to work full-time in order to be eligible.
(This is unpd. job protected leave.) Applies to employers with 5 or more employees.

The PDL is up to 4 mos. for a pregnancy which makes the employee *unable to work* (does NOT include bonding). For the period of time, she is medically unable to work, she can collect State Disability Insurance.