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?
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).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
