Westminster, CO asked in Employment Discrimination and Employment Law for Colorado

Q: Can my employer, with approximately 20 employees, not give me my full time job back when my maternity leave is up?

I requested 6 weeks off, and 4 weeks into my time off, my boss is telling me they couldn't hold the full time job open and offered me a different part time job. Is that legal?

1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Fort Collins, CO
  • Licensed in Colorado

A: Colorado does not have special maternity laws, but there are federal protections via the Family and Medical Leave Act (FMLA). With some very narrow exceptions, a person requesting leave (which generally must be granted) is required to have their same or similar job at the end of the leave. FLMA does not require payment during the leave, but that is not your issue.

Contact an employment law attorney to review your case, but my read based on your facts is that a violation of the FMLA has occurred and a part-time replacement job is not the same as a full time job. In other words, it appears that you have a legitimate claim with a reasonable probability of success. You will need an attorney to review your case, but you are highly encouraged to contact an attorney (most offer free consultations and some will work on a contingent basis).

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