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extension of contract secondary to maternity LOA in Maryland

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  • extension of contract secondary to maternity LOA in Maryland

    I have signed an "AT WILL" contract with my company for 3 years and i am presently holding an immigrant visa petitioned by this same company. However, upon end of contract , my company insisted that my contract is extended for anther 3 and a half months because of Disability of 6 weeks and Maternity leave of 6 weeks and LOA of 2 weeks for mother-child bonding. Is this legal for them to do ?

  • #2
    If you are asking whether there is a law that prohibits them from extending your contract due to medical or maternity leave, no, there is not.

    However, whether they can enforce such a provision, which I think is what you are really asking, would be determined by the terms of your contract, which we have not read. You will need to show the contract to an attorney in your state.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Agree, have the contract reviewed by an employment or contract attorney.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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      • #4
        Technically there is no such thing as an "at will contract". At will is an employment doctrine that means either party can sever the employment relationship at any time and for any reason, absent one which violates a law. The visa issue complicates things however, as under certain types of visas you are only eligible to remain in the US if you are currently working and in some cases, working for the employer who is sponsoring your visa. Not knowing which type of visa you hold, it is hard to say what your options are. You mention an immigrant visa which implies that you are here to stay and your visa is not tied to any particular employer but it isn't entirely clear if that is the case.

        What it sounds like here is your employer is merely stating they have additional work for you beyond the timeframe they initially thought they would. That is incredibly common and perfectly legal.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.