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FMLA - Lost Job While On Maternity Leave (Arizona)

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  • FMLA - Lost Job While On Maternity Leave (Arizona)

    I started with a law firm in late June 2005 and was 22 weeks pregnant (roughly) when I was hired and started work. I was taken off work late September due to complications with the pregnancy. I will be released to return to work in approx. 2 weeks and I emailed HR today and was told today that there is no job to return to.

    Is this legal? I was on "unpaid medical leave" and didn't know I could lose my job when there had been no "write ups", no "complaints regarding work" or anything else.

    Any comments are greatly appreciated. Merry Christmas to my family, huh? Welcome to Unemployment.

  • #2
    Generally speaking, the employer does not have to return you to your position when you are able because you have not worked there long enough to qualify for job protection under the Family Medical Leave Act. You cannot be treated differently because you are pregnant, but neither does the employer have to let you come back if they would not do so for any other employee who was on an unpaid medical leave of absence for another reason. I'm sorry I don't have better news for you. Good luck with the pregnancy.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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