I’m returning to work in a few weeks after an unpaid maternity leave, covered by FMLA.

17 Comments

1. AnonymousJanuary 16,2025 at 1:54PM UTC

   A lot will depend on if you have any documentation about being told you would be on the chopping block and the reason for the layoff. For example if a company loses a contract layoff are understandably likely. If there’s a general reduction, it can be a lot less transparent. Try a 70/20/10 approach, where you spend 70% of your time on items and activities that will enhance your career, such as networking, reviewing your job description for elements to use on your résumé and LinkedIn, plus actually doing your job well because that will enhance your best reference network. Then spend 20% of your time on income security. This includes gathering material for a possible legal settlement or severance package, understanding your eligibility for an employment and working on your family budget. Also, consider getting any healthcare you have postponed to get that while you still have insurance, especially dental and vision, which may not cobra. Finally, spend 10% of your time on self-care. Use those EAP benefits while you still have them. Starting your day with intentions and ending your day with gratitude journaling doesn’t take a lot of time and the rewards are huge. Good luck with all of this.

2. AnonymousJanuary 16,2025 at 2:17PM UTC

   It all depends on your state and the labor laws there if you have any recourse. Why was your boss laid off? Was the rest of the team also laid off? If a project or contract ended and there isn't any work to do, you probably will not have a job (or possibly a team) to return to. They could transfer you to another area, but considering you are returning from an FMLA/Maternity leave, that might not be an option. Since you have a few weeks, I would put the job search in full gear. You can get a pre-emptive strike if you find something before your leave ends. Resign to a new job and have a fresh start before they have the chance to let you go. If you don't have a job and they lay you off, you are a few weeks ahead in your job search. By all means, take them at their word. I doubt an attorney could help much if you are in a right-to-work state. If you are under any specialized employment contract or agreement (like a collective bargaining agreement through a labor union), it would be the only thing that will save you.

3. AnonymousJanuary 16,2025 at 2:20PM UTC

   Hiring an attorney will not "Ensure your job is preserved"...

   Just as your Boss was laid off, the company may do the same to you and other employees as well. Given what you've been told consider looking for a new job now

4. Diane ArnettJanuary 16,2025 at 4:49PM UTC

   You hire an attorney because the work situation is basically obliterated when the trust is broken. Most likely, HR is not going to want to go through the legal discovery process & will settle with you. Either way, the well is poisoned at that workplace, unfortunately.

5. AnonymousJanuary 16,2025 at 5:24PM UTC

   Not sure there are any labor laws to litigate when "trust is broken."

6. AnonymousJanuary 16,2025 at 2:31PM UTC

   It depends why they are laying you off.

7. Diane ArnettJanuary 16,2025 at 2:40PM UTC

   Oh hell no, you are legally entitled to the same or similar position. Document EVERYTHING with HR and report them to the US Department of Labor’s Wage and Hour Division: 1-866-US4-WAGE

   And, hire an employment attorney right now who will represent you on a contingency basis, or call your local legal aid office. That is unethical and illegal.

8. AnonymousJanuary 16,2025 at 3:12PM UTC

   I personally know people who have been laid off following maternity leave but it was due to an overall reduction/restructuring affecting their department not because they were out on leave. The leave was just bad timing, so not illegal.

9. AnonymousJanuary 16,2025 at 3:36PM UTC

   They can lay you off upon your return if it's a Reduction In Force and others are let go as well.

10. AnonymousJanuary 16,2025 at 3:47PM UTC

    Have the conversation before jumping to any conclusions. Yes, anyone can get laid off even after a maternity leave, it can't be due to a maternity leave but there are other business decisions that are valid, workforce deductions, eliminating positions, etc. A company does not have to provide severance practices, that's a gift, doesn't feel good, but not a requirement. Your pay and degrees have nothing to do with if they can do that or not, as presented here, to be above others.

11. Stephanie KrahnJanuary 16,2025 at 4:19PM UTC

    Not sure that's legal. Might want to look into that.

12. AnonymousJanuary 16,2025 at 7:05PM UTC

    Please understand it is legal to lay you off when you return from maternity leave. Of course it is. Obviously they can't say because you gave birth.

13. AnonymousJanuary 16,2025 at 10:24PM UTC

    I'd look for another opportunity asap. Companies can lay off regardless if you just came back from leave (regardless of type that you were on). At least your HR gave you a heads up. You could certainly ask your attorney for any advice as they should know what can be salvaged. But your maternity leave it sounds like has ended so you are now a sitting duck to lose your job. I'm sorry you are going through this, and it sounds like your skills are highly paid so hopefully you will be able to find a more stable environment to work soon.

14. AnonymousJanuary 16,2025 at 11:52PM UTC

    They gave you fair and ample warning! Look for another job today! Good luck.

15. AnonymousJanuary 17,2025 at 1:00AM UTC

    I had a similar experience on my maternity leave and wish I got a lawyer involved.

16. AnonymousJanuary 17,2025 at 1:30AM UTC

    Yes, get your attorney involved. Note: your attorney ideally has strong expertise in plaintiff’s side employment law and/or contract negotiation

    No downside to being legally armed and you are far more likely to get a good payout — versus a mere termination — if you have competent legal representation.

    As others have said, you also want to be looking for new opportunities.

17. AnonymousJanuary 18,2025 at 2:41PM UTC

    It sounds like your employer is struggling. Your manager was laid off while you were on maternity leave. You can talk to an attorney ahead of time , but be very careful... If the company is struggling financially and they've already laid other people off, Then your situation is not going to look out of the ordinary. You came back to work and your position has been eliminated...case closed.