Legal Question in Medical Leave in Massachusetts

returning to work after having a baby

My job was taken away from me behind my back while on maternity leave. I went back part time after 3 months of being out and they said I would be able to eventually come back full time. How long do they have to keep your possition for before giving it to someone else?


Asked on 12/30/08, 7:18 pm

1 Answer from Attorneys
Kenneth Augen Augen Law Offices

Re: returning to work after having a baby

If economic circumstances for your employer changed, you may be out of luck. The statute governing this question is (in part) as follows:

Such employer shall not be required to restore an employee on maternity leave to her previous or a similar position if other employees of equal length of service credit and status in the same or similar position have been laid off due to economic conditions or other changes in operating conditions affecting employment during the period of such maternity leave; provided, however, that such employee on maternity leave shall retain any preferential consideration for another position to which she may be entitled as of the date of her leave.

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Answered on 12/30/08, 7:46 pm


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