Terminated in Utah

[gwendolin]

I worked in a director level position for a company with over 100 employees for 5 1/2 years. 8 weeks into my unpaid 12 week maternity leave, they terminated my position and paid me two month's severance pay. Aren't they required to hold my job, or equal job, for me to return to in 12 weeks? What can I do?

[cbg]

What was the reason for the termination? There are exceptions to the requirement that they hold your job the full 12 weeks.

[gwendolin]

They are elminating the position.

[cbg]

If that is a business decision that would have been made regardless of whether you were on leave or not, then it is legal. FMLA does not protect you from terminations that would have occurred anyway.

[bears00]

I agree with cbg, with one caveat. If they legitimately terminated you because they eliminated your position, then they should not immediately turn around and hire someone else who has functionally equivalent duties.

Let me ask you this. Can you believe that they eliminated your position?

[gwendolin]

I don't think that they're going to hire someone else to do the same job. Any duties that they want to continue will be divided up among other current employees. That's my guess.

[Marketeer]

If they have genuinely elminated your position (and it sounds like they have from your last post), it's not illegal.

[gwendolin]

Thank you for your help.