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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20299
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I need to know what my rights are when it comes to the

Customer Question

Hi there, I need to know what my rights are when it comes to the security of my position I left on maternity leave? My paperwork from the doctor says my maternity is from july15-oct 15th. I called the director of operations on 9/14 and left a vm thinking I was giving him plenty of time to let him know I would be returning to work and my maternity was coming to an end soon. I got no response. I then txt him a week later on 9/21 asking him if he got my vm and said I would like to return to work please contact me so we can go from here. still no response. I then called him again on 10/7 and he answered the phone. he told me to expect a phone call from my new regional the next day. I got in touch with him 2 days later and he seemed very flexible and was going to give me whatever I needed since I just had a newborn. told me to come see him the following Monday the 12th. I drove all the way down there to find out he needed me to speak with HR and HR needed a release form from my doctor saying I could return to work. so I did that with a return date of the next Saturday the 17th since my original schedule was sat-wed 8-4. I then was told that they had a return date on their end of 9/23 and that they held my position til then and its now not available. I told her that was incorrect, that my paperwork that was faxed over says start date on maternity says july 15th and I will get a copy of it over to her if needed. I also told her I tried contacting them saying I was coming back to work on 9/14 and 9/21 and again on 10/7. not my fault that out of all people the director of operations didn't respond back to me or forward my calls to the right people so I could get back to work on time. Also why didn't someone call me and give me a heads up that my maternity date that they had on file was coming to an end and that my shifts could be not protected anymore if I needed more time? even though they had the incorrect date I would of brought it to their attention sooner if someone got back to me and we could of figured this all out and I would be back to work. I would like my shifts back? what can I do? Legally I don't think they can give my shifts away since I did try contacting them in advance. please help?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.


Thank you for the information and your question and I am sorry to read about your situation. Although you should hav contacted HR versus the Director of Operations, since HR holds the FMLA records, if your FMLA certification was for up to 12 weeks and that time had not run when you contacted the Company and notified them that you were ready to return by the last day of the 12 week period, then under the Act, the employer must reinstate you to your same position or one substantially identical to it. If they don't, then you have a couple of choices. One is to file a complaint with the Wage and Hour Division of the U.S. Department of Labor, which enforces the Act, or hire a local employment law attorney and file suit under the Act.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you.

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 16th. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at :

Thank you.