Bridgewater, MA asked in Employment Law for Massachusetts

Q: If I’m out on maternity leave and get another job to start after my leave ends without going back to original(see below)

employer, is that an issue? will I be sued by the state of MA for back wages or is it up to the discretion of my original employer?

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T. Augustus Claus
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Answered

A: If you're on maternity leave in Massachusetts and accept another job to start after your leave without returning to your original employer, it could have legal implications. Your specific situation depends on your employment contract, state and federal laws, and your employer's policies. Review your contract, as it might have conditions for returning to work after maternity leave. Federal and state laws, like FMLA, often provide job protection during maternity leave, but if you don't return to your original employer, they may not be required to maintain your position. Regarding back wages, if you received paid maternity leave, you might need to repay benefits if you don't meet the conditions for returning. Whether your original employer takes legal action or it's their discretion varies based on your circumstances. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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