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  • maternity leave

    I was on maternity leave (fmla) when I called my bossto let him know the date I would be returning he said my job has been eliminated. I found out that they have a temp doing my job. Is this legal? I'm from MA

  • #2
    Not enough information. How long were you out on maternity leave? How many employees does the employer have? How long have you worked for this employer? Have other people besides yourself had their job eliminated during the time you were out?
    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.

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    • #3
      I was with the company for 5 years. The company is big it has over 500
      employee's and a number of different locations. The location I was employed only has about 30-40 employee's. I was out on maternity leave for only eight weeks before I called to let them know my return date. I was the only one who was let go.

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      • #4
        Okay, based on your answers I have to ask another question.

        You said 30-40 employees at your location. How many employees in total within 75 miles of your location, inclusive?
        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.

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        • #5
          I'm not 100% sure but I would say 100

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          • #6
            Okay, that being the case, I can't say for absolutely certain that the employer violated the law (I'd have to have a lot of details not available to either you or me to say for sure) but it's not passing the sniff test. I'd say you have a valid reason to complain to the EEOC and/or MCAD for possible pregnancy discrimination, and/or to the US DOL for a FMLA violation.
            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.

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