On my first day back from maternity leave, I was notified that the nonprofit I worked for was restructuring and my position would be eliminated.

Anonymous

March 28,2023 at 2:38PM UTC

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On my first day back from maternity leave, I was notified that the nonprofit I worked for was restructuring and my position would be eliminated. They indicated that this would affect a number of positions but I have not heard of anyone else being let go. The organization is under 50 eemployees, but policy states that they honor FMLA. If no one else is let go, would i have a case for discrimination?

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AnonymousMarch 28,2023 at 5:30PM UTC
Hmm, I'd check your employee handbook, and also with a local employment attorney. It sounds like they honored the FMLA as you were out and I'm assuming you received the benefits.
AnonymousMarch 29,2023 at 2:27PM UTC
You need to check your employers FMLA clauses ,Most of the employers have a clause saying after the leave is over they will offer the job back if the position is still open or provide you similar open position which you fit into, please check the actual clauses mentioned and consult a lawyer.
Jennifer TannerMarch 30,2023 at 2:43AM UTC
That is preeeeetty suspicious timing. They've got to offer you the same job or a substantially similar one so they're opening themselves up for serious liability dropping that on you the very friggin day you come back from maternity leave. Seriously go find an employment attorney and talk to them ASAP -- they should be able to work with you on a contingency basis.
Lisa MarieMarch 31,2023 at 11:27PM UTC
Did they really give you that bad news on your *very first day* back?
If they waited until your first day back to tell you this (FMLA leave time is fulfilled), their timing is very, very suspicious.
Ask to review the FMLA policies and procedures with HR - so both you anf them can be veeery clear about what's transpiring at the moment.
I'm sorry this is happening to you.
cliffApril 1,2023 at 12:24PM UTC
Contact EEOC ASAP....File a complaint today...not tomorrow
Claire RosenbaumApril 1,2023 at 1:33PM UTC
Document everything that seems related to this issue with times, dates, and who was involved in the communications.
Alina Easterday CallahanApril 1,2023 at 12:56PM UTC
FMLA guarantees that you are still employed when you come back. If you have worked 1250 hours and the company has at least 50 employees then legally they should have to give you a job when you come back (does not matter what the employee’s handbook says). It’s possible they could get away with it but they would need to prove that the layoff has nothing to do with your fmla. I’ve been told that is difficult for a company to prove.
https://www.dol.gov/agencies/whd/fmla/faq
AnonymousApril 1,2023 at 1:59PM UTC
Double check, it could be that they indeed provided you the FMLA, but the day your return you are like every other employee and they have the right to restructure. Good luck.
Alina Easterday CallahanApril 1,2023 at 6:10PM UTC
one added note:The key here is “retaliation”. Not only do they need to give you a job upon your return they cannot be seen to retaliate against you for taking fmla. That means even if they technically gave you a job before laying you off they still have to prove it has nothing to do with the fmla. This is why companies usually will not lay someone off within a couple months of a return from fmla, just not worth the liability.
AnonymousApril 1,2023 at 4:43PM UTC
Regardless of the handbook they are not subject to FMLA if they do not meet the qualifying criteria. You can always contact an employment attorney to discuss the specifics of your potential case.
AnonymousApril 2,2023 at 6:03PM UTC
You definitely need an employment attorney. Once you return to work you are no longer protected but a good attorney should be able to navigate things for you. Congrats on the baby and hoping you find a great new employer who will appreciate you.