Alex Can an employer demote you while on FMLA?
When a person takes FMLA leave, you’re extremely vulnerable to a retaliation lawsuit if you don’t return an employee to the same position she had before. You can fire or demote a person if you can prove that you would have taken the same action regardless of whether or not she took leave.
What are my rights when returning to work after maternity leave?
There are these basic rights of pregnancy leave under the FMLA: 1 The right to return to the same or equivalent job 2 The right not to be discriminated against based on the fact that leave was taken or that you were pregnant. 3 The right to return to an altered schedule of intermittent or part-time work. More …
What happens if you get sacked during maternity leave?
You are entitled to ask for written reasons if you are dismissed at any time during pregnancy or maternity leave. If your employer fails to provide written reasons for your dismissal without a good reason, you can complain to a tribunal and can be awarded up to two weeks’ pay in compensation.
How to show discrimination on the grounds of maternity leave?
To show discrimination on the grounds of pregnancy or maternity leave a woman does not have to compare herself to how a man might have been treated but she must show that the dismissal or unfair treatment was because of pregnancy or maternity leave.
What happens if you fail to consult a woman on maternity leave?
Failure to consult a woman on maternity leave about redundancy may be maternity discrimination. If your job is at risk of redundancy at any time during your maternity leave, you are entitled to be offered any suitable alternative work under regulation 10 of the Maternity and Parental Leave Regulations 1999.
There are these basic rights of pregnancy leave under the FMLA: 1 The right to return to the same or equivalent job 2 The right not to be discriminated against based on the fact that leave was taken or that you were pregnant. 3 The right to return to an altered schedule of intermittent or part-time work. More
Can you be demoted at work during a pregnancy?
All that said, this does not mean that a pregnant worker can never be legally demoted during or after a pregnancy.
When do you have to notify your employer of maternity leave?
Employees must also notify their employer that they will be taking maternity leave at least 30 days in advance. The employer must keep the employee’s job open until she returns from FMLA leave.
Can a company discriminate against a returning mother?
Any attempt to discriminate against returning mothers could make an employer potentially liable for employment discrimination. The FMLA currently does not apply to every company. Only employers with 50 or more employees must abide by its rules.