Hi! I have a friend who was with her employer for over a year in OH. When she returned to maternity leave, she was advised her positioned had been filled. The employer allowed her to maintain her previous pay, but work in a lower level position. After ~5 months in this position, she was just let go from the company. While some random untrue reasons were given, the employer further indicated it was primarily due to the state of the business and their financial constraints (specifically since she was being paid a higher amount to do a lower level job). He also offered to give her a positive referral and said she was the hardest working employee they had.

That said, was it legal for them to fill her position while on leave? Are they legally covered since they did offer a job? Does she have any grounds for a law suit under OH law? Thanks!

Was her maternity leave covered under the Family and Medical Leave Act? Had she worked there for at least one year prior to going on maternity leave? Had she worked at least 1,250 hours in the year prior to her leave? Does the employer have more than 50 employees within 75 miles of her job site? How long was she out?

Employers must hold open a job for a pregnancy-related absence the same length of time jobs are held open for employees on sick or disability leave.

If she has taken her leave under the FMLA (refered to above) the employer must reinstate her to a comparable job position with the same pay, seniority, and benefits as her previous position.

If she has taken her leave under the Americans with Disabilities Act her former position should be held for her, rather than a similar position.

www.eeoc.gov

Ohio has no maternity leave law, and pregnancy is EXcluded from ADA protection in the large majority of cases.

http://www.jan.wvu.edu/soar/other/preg.htm

To determine if FMLA applies, we need to know the answers to Marketeer's questions.