Detroit, MI asked in Employment Law for Indiana

Q: Can i really be fired for taking maternity leave? Cause HR says I need to resign.

Hey, I live in the state of Indiana, I was just called out of the blue by my HR and was told my maternity leave may not be approved and when I give birth that I need to hand in my resignation, because the "won't have a spot for me when I come back"

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A: In the U.S., the Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for reasons including the birth of a child. If you qualify and take leave, your employer generally should reinstate you upon return. However, not all employees or employers fall under FMLA. If you're told to resign for taking maternity leave, this might violate your rights. State-specific laws might also offer protection. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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